Final agreement

This agreement dated for reference the 24th day of March, 2014.

Between:

The Pic Mobert First Nation, as represented
by the Chief and Council
(Hereinafter called the “First Nation”)

And:

Her Majesty The Queen In Right Of Canada,
as represented by the Minister of Indian Affairs and Northern Development
(Hereinafter called “Canada”)

And:

Her Majesty The Queen In Right Of Ontario,
as represented by the Minister of Aboriginal Affairs and the Minister of Natural Resources
(Hereinafter called “Ontario”)

Whereas:

Canada, Ontario and certain Robinson Superior First Nations signed a Framework Agreement dated August 5, 1991, and thereby undertook to use their best efforts to negotiate and conclude agreements regarding land and larger land bases;

The First Nation is a band of Indians within the meaning of the Indian Act;

The First Nation submitted a proposal pursuant to the Framework Agreement to enlarge its reserve land base (the “Proposal”);

The negotiators for the First Nation, Canada and Ontario initialed an Agreement in Principle dated the 20th day of March, 2002, committing the Parties, subject to ratification by each of them, to make all reasonable efforts to conclude tripartite negotiations to enlarge the reserve land base for the First Nation pursuant to the Framework Agreement (the “Agreement in Principle”);

The First Nation, Canada and Ontario wish to enter into a Specific Agreement, as part of this Final Agreement, pursuant to the federal and provincial legislation confirming the Indian Lands Agreement of August 5, 1986, in order to deal with certain land and natural resources matters; and

The First Nation, Canada and Ontario have completed tripartite negotiations pursuant to the Framework Agreement and wish to enter into this Final Agreement (the “Final Agreement”).

Now Therefore, in consideration of the mutual promises contained in this Final Agreement, the First Nation, Canada and Ontario agree as follows:

Article 1

Definitions

    1. In this Final Agreement:
      1986 Agreement
      means the agreement Between Canada and Ontario dated August 5, 1986, and the statutes confirming it, i.e., the Indian Lands Agreement (1986) Act, S.C. 1987-88, c. 39 and the Indian Lands Agreement (1986) Confirmation Act, 2010, S.O. 2010, c. 1, Sched. 10.
      Additional Crown Lands
      means the LUP Lands, the Part A Lands and the Crown Lands North of the CPR Right of Way;
      Additional Hydro One Right of Way Lands
      means the portion of the Crown Lands North of the CPR Right of Way designated as Parts 7 and 8 on Reference Plan 55R-13212, as more particularly described in Schedule 9;
      Adjacent Crown Lands
      means the lands, if any, adjacent to the Private Lands that Ontario has agreed to sell to the First Nation and Canada has indicated it is prepared to recommend for addition to reserve as provided for in Article 6.3;
      Additions to Reserve Policy
      means those policies of Canada set out in the “Land Management Manual” of the Lands and Trusts Services Program of the Department of Indian Affairs and Northern Development;
      Contaminant
      means a contaminant defined under the Environmental Protection Act, R.S.O. 1990, c. E.19 or more particularly defined or described in regulations made under the Act;
      Council
      means the council of the First Nation, which is a “council of the band” within the meaning of the Indian Act;
      CPR
      means the Canadian Pacific Railway;
      CPR Surplus Lands
      means the parcels of land that formed part of the original CPR right of way and that are not part of the existing CPR right of way, the Pic Mobert Road or the bed of White Lake or White River, as described in Schedule 8 and which, for illustrative purposes only, are shown generally in the sketch attached as Schedule 20;
      Crown Lands North of the CPR Right of Way
      means the parcels of Crown lands that are located Between the northerly limit of the original CPR right of way and White River and White Lake, and that are not part of the Pic Mobert Road, as described in Schedule 9 and which, for illustrative purposes only, are shown generally in the sketch attached as Schedule 20;
      Dam
      means such dam or dams as exist on White River from time to time that affect water levels on White Lake and White River under the authority of the Lakes and Rivers Improvement Act, R.S.O. 1990, c. L.3, as amended, or its successors;
      Effective Date
      means the date established by Article 24;
      Execution Date
      means the date on which the Final Agreement is signed by the later of the First Nation, Canada and Ontario;
      Framework Agreement
      means the framework agreement among Canada, Ontario and certain Robinson Superior First Nations dated August 5, 1991, attached as Schedule 4;
      Indian Act
      means the Indian Act, R.S.C. 1985, c. I-5;
      Interim Measures Agreement
      means the interim measures agreement among Canada, Ontario and certain Robinson Superior First Nations dated August 5, 1991, attached as Schedule 5;
      Land and Larger Land Base Process
      means the process provided for in the Framework Agreement dated August 5, 1991 Between Canada, Ontario and certain Robinson Superior First Nations whereby the parties undertook to use their best efforts to negotiate and conclude agreements regarding land and larger land bases;
      Lands
      means those parcels of provincial Crown lands that are described in Schedules 1 and 2 and which, for illustrative purposes only, are shown generally in the sketch attached as Schedule 20;
      Local Snowmobile Club
      means the Ontario Federation of Snowmobile Clubs’ member snowmobile club responsible, from time to time, for the maintenance and operation of the snowmobile trail described in Schedule 11;
      LUP Lands
      means the lands shown on Schedule 6 of this Agreement labeled LUP Lands and Adjoining Crown Lands, all or part of which are currently the subject of land use permits issued by the Ontario Ministry of Natural Resources for residential or cottage use, and which are subject to survey for proper identification;
      Member
      means a person whose name appears on the First Nation band list or a person who is entitled to be on the band list pursuant to subsections 10(4) and 10(5) of the Indian Act;
      Minerals
      includes gold, silver, and all other metals, precious and base, and coal, natural gas, oil, salt, sand and gravel;
      Minister
      means the Minister of Indian Affairs and Northern Development;
      Part 1 Lands
      means the portion of the Lands lying below the contour of elevation 329.18 m CGVD 1928 (1978 Southern Ontario Adjustment) and above the water’s edge of White Lake and White River as affected by the operation of the Dam, when the Dam is operated, and otherwise the water’s edge as it occurs naturally, as more particularly described in Schedule 1;
      Part 2 Lands
      means the portion of the Lands lying above the contour of elevation 329.18 m CGVD 1928 (1978 Southern Ontario Adjustment), as more particularly described in Schedule 2;
      Part A Lands
      means the provincial Crown lands that are described in Schedule 7 and which, for illustrative purposes only, are shown generally in the sketch attached as Schedule 20;
      Parties
      means the First Nation, Canada and Ontario;
      Pic Mobert Reserve
      means Pic Mobert North reserve and Pic Mobert South reserve;
      Pow Wow Grounds
      means the portion of the Lands shown on Schedule 19 labeled Pow Wow Grounds, all or part of which are currently the subject of a land use permit issued by the Ontario Ministry of Natural Resources;
      Prescribed Trail System
      means the trail system prescribed under the Ontario Motorized Snow Vehicles Act, R.S.O. 1990, c. M.44, and its regulations, as amended from time to time;
      Private Lands
      means the lands described in Schedule 10 and shown, for illustrative purposes only, in the sketch attached as Schedule 10A;
      Reserve
      means a reserve as defined in the Indian Act;
      Resolution
      means a duly executed written resolution of the Council adopted at a duly convened meeting;
      Specific Agreement
      has the same meaning as it has in the 1986 Agreement;
      Snowmobile Trail Lands
      means the portion of the Lands described in Schedule 11;
      Table
      means the table in Schedule 13;
      Toxic Substance
      means a toxic substance as defined under the Canadian Environmental Protection Act, R.S.C. 1985, c. 15.3 or more particularly defined or described in regulations made under the Act;
      Trail Permit
      means a permit issued under s. 2.1 of the Ontario Motorized Snow Vehicles Act, R.S.O. 1990, c. M.44, and its regulations, as amended from time to time;
    2. Except as otherwise defined in this Final Agreement, any words used in this Final Agreement which are defined in the Indian Act have the same meaning as they have in the Indian Act.
    3. The following Schedules are attached to and form part of this Final Agreement:
      • Schedule 1: Description of Part 1 Lands
      • Schedule 2: Description of Part 2 Lands
      • Schedule 3: Certificate of Independent Legal Advice
      • Schedule 4: Framework Agreement
      • Schedule 5: Interim Measures Agreement
      • Schedule 6: Sketch of LUP Lands
      • Schedule 7: Description of Part A Lands
      • Schedule 8: Description of CPR Surplus Lands
      • Schedule 9: Description of Crown Lands North of the CPR Right of Way
      • Schedule 10: Description of the Private Lands
      • Schedule 10A: Sketch of the Private Lands
      • Schedule 11: Description of Snowmobile Trail Lands
      • Schedule 12: Snowmobile Trail – Section 28(2) Permit
      • Schedule 13: Snowmobile Trail - Table
      • Schedule 14: Description of Bell Canada Distribution Lines and Facilities
      • Schedule 15: Description of Hydro One Rights of Way and Distribution Lines
      • Schedule 16: Bell Canada – Section 28(2) Permit
      • Schedule 17: Hydro One – Section 28(2) Permit
      • Schedule 18: Approximate Location of Archaeological Site
      • Schedule 19: Sketch of Pow Wow Grounds
      • Schedule 20: Sketch of the Lands

Article 2

Specific Agreement

    1. The Parties agree that this Final Agreement is a Specific Agreement within the meaning of the Indian Lands Agreement (1986) Act, S.C. 1987-88, c. 39, the Indian Lands Agreement (1986) Confirmation Act, 2010, S.O. 2010, c. 1, Sched. 10 and the 1986 Agreement.

Article 3

Lands

    1. Ontario shall transfer to Canada administration and control of any and all right, title and interest of Ontario in the Lands for the purpose of the Lands being set apart as reserve land for the use and benefit of the First Nation, provided that, and as soon as reasonably possible after, the following events have occurred:
      1. the Final Agreement has been confirmed by all Parties, as provided for in Articles 23 and 24;
      2. in accordance with article 11, Canada has completed its environmental processes in respect of the Lands, including an environmental site assessment, and has notified Ontario that there are no environmental conditions that need to be addressed, or that any unsatisfactory environmental conditions have been addressed;
      3. Canada has notified Ontario that it has completed its investigation of the title to the Lands, including Ontario’s ability to transfer the administration and control of the Lands, and is prepared to accept such administration and control when transferred; and
      4. the condition precedent to the transfer of the Lands provided for in article 3.2 has been fulfilled.
    2. Ontario shall not be obligated to transfer and Canada shall not be obligated to accept the Lands to be transferred pursuant to this Final Agreement until such time, and unless, Ontario has amended or otherwise altered the forestry license of White River Forest Products Ltd. applicable to the Lands, such that the Lands have been removed from White River Forest Products Ltd.’s license area and Ontario has addressed, to its satisfaction, in its sole discretion, any and all rights or claims of White River Forest Products Ltd. to the Lands.
    3. For greater certainty, the transfer of administration and control of the Lands shall include the following:
      1. all surface and subsurface rights in the Lands including, without limitation, all Minerals on, under or within the Lands;
      2. the bed and shores of any river or lake wholly enclosed within the Lands;
      3. the bed and shores of the portion of any stream, creek or pond within the Lands;
      4. the bed and shores of the water bodies identified in Schedule 1 as Part 22 on Reference Plan 55R-13212 and Part 32 on Reference Plan 55R-13211; and
      5. any improvements on the Lands as of the date of the transfer of administration and control of the Lands.
    4. Where the Part 1 Lands border White Lake and White River, the water boundary of the Part 1 Lands shall be the water’s edge of White Lake and White River as affected by the operation of the Dam, when the Dam is operated, and otherwise at the water’s edge as it occurs naturally.
    5. The First Nation, Canada and Ontario acknowledge and agree that in the event that the dam existing on February 8, 2004 is replaced by a new dam or dams, either at the present location or a new location on White River, the water’s edge limit of White Lake and White River will remain ambulatory and may continue to be regulated from time to time Between the natural low water elevation and 329.18 m CGVD 1928 (1978 Southern Ontario Adjustment) by damming on the White River.
    6. It is understood and agreed that from time to time as a result of weather conditions or other factors beyond Ontario's control, occasional and temporary flooding may occur so as to raise the water level beyond 329.18 m CGVD 1928 (1978 Southern Ontario Adjustment) and, in these circumstances, Ontario shall not be liable in respect of the consequential flooding of any lands within the Lands or have any obligations to the First Nation in respect of such flooding.
    7. For the purpose of paragraph 3.6, the First Nation acknowledges that "occasional and temporary flooding" means a period of not longer than 12 (twelve) weeks cumulatively over the course of a calendar year; but that in extraordinary circumstances, as a result of extreme natural weather conditions or other factors beyond Ontario's control, "occasional or temporary flooding" may mean a period longer than 12 weeks cumulatively over the course of a year.
    8. Ontario’s transfer of the Part 1 Lands shall be subject to a reservation in favour of Ontario of the right to raise, lower or hold the water levels adjacent to and over the Part 1 Lands, without compensation, to a maximum elevation of 329.18 m CGVD 1928 (1978 Southern Ontario Adjustment). The right to raise, lower or hold the water levels adjacent to and over the Part 1 Lands hereby reserved may be assigned to third parties at the sole discretion of Ontario.
    9. In addition to any other statutory or regulatory notice requirements, the First Nation shall notify Ontario 45 days prior to undertaking any activities on the Part 1 Lands that could adversely impact the waters, beds or shoreline of White Lake or White River. Notices pursuant to this provision shall be sent to the District Manager, Wawa District Office of the Ontario Ministry of Natural Resources.
    10. If, prior to the date of the transfer of administration and control of the Lands by Ontario to Canada, it comes to the attention of Ontario or Canada that the Lands are subject to any legal interest, right or encumbrance, the Parties shall meet to negotiate how to address the legal interest, right or encumbrance. In the event that the Parties are unable to reach agreement on a mechanism to accommodate the interest, right or encumbrance identified, then Ontario may exclude from the transfer the lands that are the subject of the interest, right or encumbrance.
    11. Pursuant to the Federal Real Property and Federal Immovables Act, S.C. 1991, c. 50, and provided that the transfer is in a form satisfactory to Canada and that the requirements of this Final Agreement have been satisfied, Canada shall accept administration and control of the Lands, by Order in Council or by Ministerial Acceptance, whichever Canada deems appropriate.
    12. Canada and Ontario shall coordinate their respective processes to ensure that the acceptance by Canada of administration and control of the Lands in accordance with paragraph 3.11 takes place as soon as reasonably possible following the transfer of administration and control of the Lands by Ontario in accordance with paragraph 3.1.

Article 4

Setting the lands aside as reserve

    1. As soon as reasonably possible following Canada’s acceptance of administration and control of the Lands, the Minister shall recommend to the Governor General in Council that the Lands be set apart as a reserve for the use and benefit of the First Nation, provided that the setting apart of the Lands as a reserve has been approved by Canada pursuant to the procedures set out in its Additions to Reserve Policy, as it exists on the Effective Date.

Article 5

Additional crown lands and CPR surplus lands

LUP Lands

    1. In the event that Ontario decides in the future, in its sole discretion, to transfer to Canada the administration and control of all or any of the LUP Lands, then Canada agrees to accept the transfer of the lands, provided that:
      1. Ontario has notified Canada of the proposed transfer of the lands to Canada prior to their transfer;
      2. the transfer is in a form satisfactory to Canada;
      3. the title to the lands is satisfactory to Canada; and
      4. the environmental condition of the lands is satisfactory to Canada.
    2. As soon as reasonably possible following Canada’s acceptance of administration and control of all or any of the LUP Lands, the Minister shall recommend to the Governor General in Council that the Lands be set apart as reserve land for the use and benefit of the First Nation, provided that the setting apart of the LUP Lands as reserve land has been approved by Canada pursuant to the procedures set out in its Additions to Reserve Policy as it exists on the date of the application to transfer the LUP Lands to Canada.
    3. In the event that there are structures on the LUP Lands at the time they are to be transferred, in addition to the release provided for in article 18.5, Ontario may require from Canada the execution of a release and indemnity with respect to the condition of such structures. If there are structures on the LUP Lands, Canada may, either by its own discretion or by instruction from the First Nation, refuse to accept the transfer of such lands.

    Part A Lands
    1. In the event that the existing structures on the Part A Lands have been removed, or otherwise addressed, to the satisfaction of Ontario, Canada and the First Nation, then Ontario agrees to transfer to Canada the administration and control of the Part A Lands, or such part of the Part A Lands as may be agreed among the parties, for the purpose of having those lands set apart as reserve land for the First Nation.
    2. If Ontario transfers all or any of the Part A Lands to Canada, then Canada agrees to accept the transfer of the lands provided that:
      1. Ontario has notified Canada of the proposed transfer of the lands to Canada prior to their transfer;
      2. the transfer is in a form satisfactory to Canada;
      3. the title to the lands is satisfactory to Canada; and
      4. the environmental condition of the lands is satisfactory to Canada.
    3. As soon as reasonably possible following Canada’s acceptance of administration and control of all or any of the Part A Lands, the Minister shall recommend to the Governor General in Council that the lands be set apart as reserve land for the use and benefit of the First Nation, provided that the setting apart of the lands as reserve land has been approved by Canada pursuant to the procedures set out in its Additions to Reserve Policy as it exists on the date of the application to transfer the lands to Canada.
    4. In the event that there are structures on the Part A Lands at the time they are to be transferred, in addition to the release provided for in article 18.5, Ontario may require from Canada the execution of a release and indemnity with respect to the condition of such structures. If there are structures on the lands, Canada may, either by its own discretion or by instruction from the First Nation, refuse to accept the transfer of such lands.

    CPR Surplus Lands
    1. In the event that CPR decides in the future, in its sole discretion, to transfer to Canada the CPR Surplus Lands then Canada agrees to accept the transfer of the CPR Surplus Lands, provided that:
      1. the CPR has notified Canada of the proposed transfer of the CPR Surplus Lands to Canada prior to their transfer;
      2. the transfer is in a form satisfactory to Canada;
      3. the title to the CPR Surplus Lands is satisfactory to Canada; and
      4. the environmental condition of the CPR Surplus Lands is satisfactory to Canada.
    2. As soon as reasonably possible following Canada’s acceptance of administration and control of the CPR Surplus Lands, the Minister shall recommend to the Governor General in Council that the lands be set apart as reserve land for the use and benefit of the First Nation, provided that the setting apart of the CPR Surplus Lands as reserve land has been approved by Canada pursuant to the procedures set out in its Additions to Reserve Policy as it exists on the date of the application to transfer the CPR Surplus Lands to Canada.

    Crown Lands North of the CPR Right of Way
    1. In the event that the CPR transfers to Canada the CPR Surplus Lands and the First Nation requests that those lands be set apart as reserve lands, Ontario may, at the request of the First Nation, decide, in its sole discretion, to transfer to Canada the administration and control of all or any of the Crown Lands North of the CPR Right of Way for the purpose of having those lands set apart as reserve land for the First Nation.
      If Ontario decides to transfer all or any of the Crown Lands North of the CPR Right of Way to Canada, then Canada agrees to accept the transfer of those lands provided that:
      1. Ontario has notified Canada of the proposed transfer of the lands to Canada prior to their transfer;
      2. the transfer is in a form satisfactory to Canada;
      3. the title to the lands is satisfactory to Canada; and
      4. the environmental condition of the lands is satisfactory to Canada.
    2. As soon as reasonably possible following Canada’s acceptance of administration and control of all or any of the Crown Lands North of the CPR Right of Way, the Minister shall recommend to the Governor General in Council that the lands be set apart as reserve land for the use and benefit of the First Nation, provided that the setting apart of the lands as reserve land has been approved by Canada pursuant to the procedures set out in its Additions to Reserve Policy as it exists on the date of the application to transfer the lands to Canada.
    3. In the event that there are structures on the Crown Lands North of the CPR Right of Way at the time they are to be transferred, in addition to the release provided for in article 18.5, Ontario may require from Canada the execution of a release and indemnity with respect to the condition of such structures. If there are structures on the lands, Canada may, either by its own discretion or by instruction from the First Nation, refuse to accept the transfer of such lands.
    4. In the event that in the future some or all of the Additional Crown Lands are transferred to Canada and set aside as reserve lands for the use and benefit of the First Nation, then the provisions of articles 3.4 to 3.9 of this Final Agreement shall apply in the same manner to those lands. For greater certainty, the portion of the Additional Crown Lands lying below, and the portion of the Additional Crown Lands lying above, the contour of elevation 329.18 m CGVD 1928 (1978 Southern Ontario Adjustment) shall be treated in the same manner as the Part 1 Lands and Part 2 Lands, respectively, for the purposes of articles 3.4 to 3.9.

Article 6

Private Lands and Adjacent Crown Lands

    1. If, within ten (10) years of the Effective Date, the First Nation both acquires the Private Lands and requests that Canada set them apart as reserve lands, then Canada agrees to recommend to the Governor in Council that the Private Lands be set apart as reserve land for the use and benefit of the First Nation, provided that:
      1. the First Nation has consulted with Canada about the transfer of the Private Lands to Canada prior to their transfer;
      2. the title to the Private Lands is satisfactory to Canada;
      3. the Private Lands have been transferred to Canada by the First Nation;
      4. the environmental condition of the Private Lands is satisfactory to Canada; and
      5. the setting apart of the Private Lands as reserve land has been approved by Canada pursuant to its Additions to Reserve Policy as it exists on the date of the application to transfer the Private Lands to Canada.
    2. It is contemplated by the Parties that, in the event the First Nation acquires the Private Lands as provided for in paragraph 6.1, and proposes to add those lands to their reserve, the First Nation may apply to acquire from Ontario some of the Crown lands adjacent to the Private Lands for the purpose of adding those lands to their reserve at the same time as the Private Lands. Ontario agrees to consider such application according to its usual land disposition policies and procedures and will consult Canada to determine what, if any, lands Canada is prepared to recommend for addition to the reserve. For greater certainty, Ontario is not undertaking through this Final Agreement to retain all or any portion of the Crown lands adjacent to the Private Lands for the period stated and will continue to be free to dispose of or encumber the lands as it determines in its sole discretion.
    3. Where Canada has advised Ontario and the First Nation that it is prepared to recommend that particular lands adjacent to the Private Lands be added to the reserve, and Ontario has decided, in its sole discretion, to sell those lands to the First Nation provided that they are to be added to reserve, and provided that within ten (10) years of the Effective Date, the First Nation has acquired both the Private Lands and the Adjacent Crown Lands and requested that those lands be set apart as reserve lands, then Canada agrees to recommend to the Governor in Council that the Adjacent Crown Lands be set apart as reserve land for the use and benefit of the First Nation, provided that:
      1. the title to the Adjacent Crown Lands is satisfactory to Canada;
      2. the Adjacent Crown Lands have been transferred to Canada
      3. by the First Nation;
      4. the environmental condition of the Adjacent Crown Lands is satisfactory to Canada; and
      5. the setting apart of the Adjacent Crown Lands as reserve land has been approved by Canada pursuant to its Additions to Reserve Policy as it exists on the date of the application to transfer the Adjacent Crown Lands to Canada.
    4. In the event that the Adjacent Crown Lands are to be transferred, Ontario may require from Canada and the First Nation the execution of a release and indemnity with respect to the condition of the lands and any structures thereon, and any other such releases or indemnities as may be agreed.

Article 7

Snowmobile trail

    1. The First Nation agrees to request that Canada authorize, pursuant to section 28(2) of the Indian Act, the use of the Snowmobile Trail Lands as a snowmobile trail and rest stop, and that such use may include maintenance and other activities necessary to ensure that the trail is safe for such purposes, by the Ontario Federation of Snowmobile Clubs (“OFSC”) and by the Local Snowmobile Club (“LSC”) and any of their respective members, successors, assigns or persons authorized by them and by any persons that have been issued a Trail Permit to use the Prescribed Trail System, or are listed in Items 1 and 2 of the Table attached as Schedule 13 under the circumstances identified in the Table.
    2. Where an individual identified in Items 3 to 14 of the Table attached as Schedule 13 makes a request to use the Snowmobile Trail Lands as a snowmobile trail and rest stop in the circumstances identified in the Table, the First Nation agrees to request that Canada authorize such use in those circumstances, pursuant to section 28(2) of the Indian Act.
    3. The Parties agree that the permit provided for in paragraph 7.1 will authorize such use for so long as the trail is used as a recreational snowmobile trail and rest stop by the OFSC or the LSC and any of their respective members, successors, assigns or persons authorized by them or the other categories of users set out in article 7.1.
    4. Canada agrees to issue the authorization provided for in article 7.1 to either or both of the OFSC and the LSC, as appropriate, as soon as reasonably possible following the setting apart of the Lands as an addition to the Reserve and following the request of the OFSC or LSC and the First Nation. The permit shall be substantially in the form attached as Schedule 12.

Article 8

Bell Canada and Hydro One Permits

    1. The First Nation agrees to request that Canada authorize, pursuant to section 28(2) of the Indian Act, the use of the Lands by Bell Canada for its distribution lines and facilities located on the Lands, as described in Schedule 14, and by Hydro One for its rights of way and distribution lines located on the Lands, as described in Schedule 15. Canada agrees to issue such authorizations to Bell Canada and Hydro One, respectively, as soon as reasonably possible following the setting apart of the Lands as an addition to the Reserve and following the request of the First Nation. Both authorizations shall provide for servicing off-reserve users. The Bell Canada authorization shall be substantially in the form attached as Schedule 16 and the Hydro One authorization shall be substantially in the form attached as Schedule 17.
    2. In the event that in the future the Additional Hydro One Right of Way Lands are transferred to Canada and set aside as reserve lands for the use and benefit of the First Nation, then the First Nation agrees to request that Canada authorize, pursuant to section 28(2) of the Indian Act, the use of the Additional Hydro One Right of Way Lands by Hydro One for its rights of way and distribution lines. Canada agrees to issue such authorization to Hydro One, as soon as reasonably possible following the setting apart of the Additional Hydro One Right of Way Lands as an addition to the Reserve and following the request of the First Nation. The Hydro One authorization shall provide for servicing off-reserve users and be substantially in the form attached as Schedule 17.

Article 9

Navigable waters

    1. This Final Agreement does not affect the public right of navigation on navigable waters within the Lands.

Article 10

Transition

    1. From the date upon which this Final Agreement is fully executed until the date upon which Ontario transfers administration and control of the Lands to Canada, Ontario shall not alienate, lease or sell the Lands or issue permits or renew permits or leases on the Lands or in any other way deal with the Lands or natural resources within the Lands without the consent of the First Nation by Resolution except:
      1. Ontario may extend or renew any existing permit or license in relation to the Lands so long as the permit or license expires before the date of transfer of the administration and control of the Lands to Canada from Ontario;
      2. as provided in this Final Agreement;
      3. where it is necessary to fulfill the terms and conditions of this Final Agreement;
      4. where it is necessary to take emergency measures to protect the Lands or the natural resources therein, or for the purpose of public safety; or
      5. where required by law.
      1. Subject to obtaining the appropriate permits or authorizations, it is contemplated by all Parties that water treatment facilities, including water intake and supply pipelines, for use by the First Nation may be constructed over part of the Lands prior to the transfer of the Lands to Canada and their addition to reserve. The Parties agree that, during this period, Ontario may issue any permit or grant any authorization necessary to construct or operate the proposed water treatment facilities.
      2. In the event that water treatment facilities are constructed over the Lands for use by the First Nation, Canada and the First Nation agree to accept the Lands for addition to the reserve with the water treatment facilities. The Parties further agree that any permit or other authorization granted by Ontario in relation to the portion of the water treatment facilities constructed on the Lands shall expire or otherwise be removed prior to the transfer of the administration and control of the Lands to Canada. Canada and the First Nation will take the necessary steps for the operation of the water treatment facilities on the Lands to be transferred to the First Nation.
    3. If Ontario takes any of the actions provided for in paragraphs 10.1(a)-(e) or 10.2, Ontario will make reasonable efforts to advise Canada and the First Nation of the actions that were taken within 45 days.
    4. A portion of the Lands, as shown generally on Schedule 19, are currently utilized by the First Nation as its pow wow grounds pursuant to a land use permit issued by the Ontario Ministry of Natural Resources to the White Lake Resources Corporation, a corporation wholly owned by the First Nation. It is contemplated by all Parties to this Final Agreement that the necessary steps will be taken to terminate the permit prior to the transfer of administration and control of the Lands to Canada.

Article 11

Condition of the lands

    1. Prior to setting the Lands apart as a Reserve, Canada shall conduct an environmental site assessment of the Lands in accordance with its Additions to Reserve Policy to determine whether there are Contaminants or Toxic Substances affecting the lands in excess of provincial and federal standards, as applicable.
    2. Upon request by Canada or the First Nation, such request or requests to be made prior to the transfer of the Lands by Ontario, Ontario shall make reasonable efforts to provide to Canada and the First Nation copies of any environmental contaminant studies, reports and audits conducted in relation to the Lands in its possession at the time the request is made.
    3. If Contaminants or Toxic Substances in excess of applicable provincial or federal standards are discovered on or in the Lands after Canada has completed an environmental site assessment and before Canada has accepted administration and control of the Lands, the Parties shall negotiate appropriate processes and cost-sharing arrangements for remedying the affected Lands.
    4. If, in the opinion of Ontario, the cost of cleaning up or rehabilitating any of the Lands exceeds the value of the affected lands, Ontario may exclude the affected lands and provide alternate lands of equivalent size, which lands shall be identified and agreed upon by the Parties.
    5. If a Contaminant or Toxic Substance is discovered on or in the Lands after Canada accepts administration and control of the Lands from Ontario and before Canada sets apart the Lands as a reserve, and Canada determines that the Contaminant or Toxic Substance:
      1. is in excess of the applicable federal or provincial standards in effect at the time Canada accepts administration and control of the Lands; and
      2. was not present on the Lands prior to Canada accepting administration and control of the Lands,

      Canada shall take such action as it deems appropriate, in its sole discretion, to cause the removal of the Contaminant or Toxic Substance or to cause the remediation of the affected Lands in accordance with applicable federal or provincial standards.

Article 12

Minerals

  1. Paragraphs 3 to 7 inclusive of the 1924 Agreement shall not apply to the existing Pic Mobert Reserve or to the Lands from and after the date the Lands have been set apart as a reserve.
  2. Ontario shall, by the Order in Council by which it confirms this Specific Agreement, release and quitclaim to Canada, for the use and benefit of the First Nation, all and any rights to the Minerals in the Pic Mobert Reserve and the Lands, and all and any rights to revenues derived from the Minerals in the Pic Mobert Reserve and the Lands, from and after the date the Lands are set apart as a reserve by Canada.

Article 13

Archaeological site

    1. The Parties have identified a site with archaeological significance within the Lands to be transferred. The general location of the site is shown on Schedule 18. The First Nation acknowledges the existence of the site and does not intend to develop the lands on which the site is located given their archaeological significance and location. In the event that the First Nation contemplates development that could impact the site, it will undertake further archaeological assessment work to determine the nature and extent of the heritage resources on or in the lands in order to identify appropriate mitigation measures that may be considered. Any such further archaeological work is to be undertaken by a licensed archaeologist.

Article 14

Programs and services

    1. The First Nation acknowledges that neither the execution of this Final Agreement nor the setting apart of the Lands as reserve shall, of themselves, oblige Canada or Ontario to assume any costs of any kind associated with the maintenance of existing capital infrastructure on the Lands, or any costs of capital infrastructure associated with community development on the Lands including, but not limited to, the construction, repair and maintenance of roads, bridges, sewers and water systems, telephone or hydro-electric projects, housing, schools, recreational facilities or other community buildings, including the operating costs and associated costs related to such capital infrastructure.

Article 15

Offset clause in favour of Ontario

    1. The Parties agree that the value of the Lands, and the value of any assets, resources or access to resources transferred with the Lands, shall be set off against an equal value of any assets, Crown land, interest in Crown land, resources, access to resources or money judgment obtained by the First Nation as a result of the resolution or settlement of any claim or demand made by the First Nation against Ontario, whether resulting from judicial disposition, agreement or howsoever achieved, where the resolution or settlement occurs or is reached subsequent to the Execution Date of this Final Agreement. In the event that the First Nation makes a claim or demand against Canada, but not Ontario, and Canada brings a related third party claim against Ontario, the First Nation shall indemnify Ontario for any amounts found to be owing to Canada, up to the amount set out in article 15.3, where that amount is found to be owing based on a judgment in favour of the First Nation.
    2. The Parties agree that Ontario shall receive full credit for the quantum of the Lands provided to Canada to be set aside as a reserve for the First Nation pursuant to this Final Agreement in any subsequent resolution or settlement of any claim or demand made by the First Nation against Ontario, whether resulting from judicial disposition, agreement or howsoever achieved, where the resolution or settlement occurs or is reached subsequent to the Execution Date of this Final Agreement. For the purposes of this article, receiving full credit means that in any resolution or settlement through which it is agreed or otherwise determined that the First Nation is entitled to land, Ontario shall be entitled to reduce the number of hectares of land to be transferred or acquired pursuant to that resolution or settlement by the number of hectares of land that have been transferred pursuant to this Final Agreement.
    3. For the purposes of paragraph 15.1, the value of the Lands, and the value of any assets, resources or access to resources transferred with the Lands, for which Ontario shall be entitled to a set-off shall be their value as of the date of the resolution or settlement of any claim, demand or judgment made against Ontario in favour of the First Nation. The Lands, and the assets, resources and access to resources transferred with the Lands, shall be valued at that time as if they were in the condition in which they were at the date of the transfer of the Lands by Ontario to Canada.
    4. The Lands, and the assets, resources and access to resources to be transferred with the Lands, as they exist in their present condition, have been identified and valued. The valuation included both the Lands and the Part A Lands. The total monetary value of the Lands and the Part A Lands as of January 30, 2004 was $697,000 (six hundred and ninety seven thousand dollars).
    5. The quantum of land provided to Canada for the use and benefit of the First Nation that, in accordance with paragraph 15.2, shall be credited by the First Nation to Ontario in the settlement or other disposition of any claim or demand made by the First Nation against Ontario shall be 1599.9833 hectares.
    6. Ontario shall be entitled to rely on the offset provided for in this article on and after the date on which Ontario transfers administration and control of the Lands to Canada in accordance with paragraph 3.1.

Article 16

Offset clause in favour of Canada

    1. The Parties agree that Canada shall receive full credit for the quantum of the Lands set aside as a reserve for the First Nation pursuant to this Final Agreement in any subsequent resolution or settlement of any claim or demand by the First Nation based on an entitlement to reserve land, whether made by judicial disposition, agreement or howsoever achieved, where the resolution or settlement occurs or is reached subsequent to the Execution Date of this Final Agreement.
    2. For the purposes of article 16.1, receiving full credit means that in any resolution or settlement through which it is agreed or otherwise determined that the First Nation is entitled to have land set aside as a reserve, Canada shall be entitled to reduce the number of hectares of land to be set aside as reserve land pursuant to that resolution or settlement by the number of hectares of reserve land that have been set aside pursuant to this Final Agreement. For greater certainty, reducing the number of hectares of land to be set aside shall not reduce Canada’s liability, if any, to provide compensation for the full amount of lands to which the First Nation is entitled pursuant to the resolution or settlement.
    3. Notwithstanding articles 16.1 and 16.2, in the event that any claim or demand by the First Nation based on a treaty right to reserve land is resolved or settled Between Canada and the First Nation, then Canada shall also be entitled to use the credit provided for in article 16.1 to reduce its liability with respect to the amount of land to which the First Nation is entitled in relation to such claim or demand, provided that:
      1. the resolution or settlement fully addresses the First Nation’s claim to reserve land under the treaty;
      2. the resolution or settlement includes full releases for both Ontario and Canada related to the First Nation’s claim to reserve land under the treaty and any claim by the First Nation to Aboriginal title, including the claim referred to in article 16.10(c), as well as any related damages claims; and
      3. in the event that the settlement or resolution includes any contribution or liability on the part of Ontario, Canada may only use any portion of the credit remaining after it has been applied to Ontario’s contribution or liability.
    4. With respect to any other claim or demand made by the First Nation against Canada, Canada shall only be entitled to use the credit provided for in article 16.1 to reduce its liability with respect to such claim or demand with the prior approval of Ontario in writing.
    5. The quantum of land set aside as a reserve for the use and benefit of the First Nation which, in accordance with paragraph 16.1, shall be credited by the First Nation to Canada in the settlement or other disposition of any claim or demand made by the First Nation against Canada based on a treaty right to reserve land shall be 1599.9833 hectares.
    6. Canada shall be entitled to rely on the offset provided for in this article on and after the date on which Canada sets aside the Lands as a reserve.
    7. For the purposes of articles 15 and 16, and, in particular, any claim or demand for damages based on loss of use of reserve lands, full credit also includes credit for the fact that the First Nation has been provided with 1599.9833 hectares of additional reserve lands as of the date the Lands are made reserve lands.
    8. In the event that in the future some or all of the Additional Crown Lands are transferred to Canada and set aside as reserve lands for the use and benefit of the First Nation, then the provisions of articles 15 and 16 shall apply in the same manner to those lands.
    9. In the event that in the future some or all of the CPR Surplus Crown Lands are transferred to Canada and set aside as reserve lands for the use and benefit of the First Nation, then the provisions of articles 15 and 16 shall apply in the same manner to those lands.
    10. For greater certainty:
      1. the offset clauses in articles 15 and 16 shall not operate in a manner which would subject the First Nation to a set-off or credit greater than the value or quantum of the Lands it has received;
      2. except as provided for in article 16.3 and 16.4, Canada may not use the credit provided for in article 16 in a manner that would disentitle Ontario from its ability to utilize the set-off and credit provided for in article 15; and
      3. “any claim or demand” as referred to in articles 15 and 16 includes the court action commenced in the Ontario Court of Justice – Superior Court, styled Jeff Desmoulin, Chief et al. v. The Attorney General of Canada and Her Majesty the Queen in Right of Ontario, Court File No.: CV-2006-14.

Article 17

Acknowledgment, Release and Indemnity Related To Ambulatory Water Boundary

    1. The Parties acknowledge that the water’s edge of the Part 1 Lands shall continually move as a result of fluctuating water levels, including, in particular, as a result of the artificial regulation of water levels on White Lake and White River and, as a result, the First Nation:
      1. acknowledges the risk of loss of or damage to the Part 1 Lands due to fluctuating water levels;
      2. acknowledges the risks associated with the movement of the boundaries of the Part 1 Lands which include, without limitation, the potential for structures built on or near the boundaries to be damaged, destroyed or found to be located on Crown lands; and
      3. shall, in the manner the First Nation considers appropriate, advise its Members, or persons authorized by them to use the Part 1 Lands, of the risks associated with the movement of the boundaries of the Part 1 Lands in relation to their use of the Part 1 Lands.
    2. In consideration of the execution of this Final Agreement and the mutual promises it contains, the First Nation does hereby forever release, relieve, remise and discharge Canada and Ontario, and any of their Ministers, officials, servants, agents, successors and assigns from all manner of actions, causes of actions, suits, claims and demands of any kind or nature whatsoever that the First Nation, the members of the First Nation and any person authorized by the First Nation to use the Part 1 Lands, and each of its and their heirs, descendants, executors, successors and assigns, past, present and future, may have had, may now have or may in the future have against Canada and/or Ontario, and any of their Ministers, officials, servants, agents, successors or assigns, for or by reason of any loss whatsoever resulting from fluctuating water levels along the water’s edge of the Part 1 Lands, including loss of, loss of use of or damage to the Part 1 Lands, damage to or destruction of structures built on or near the Part 1 Lands below a contour elevation of 329.18 m CGVD 1928 (1978 Southern Ontario Adjustment), or loss of those structures which may, at particular times be found to be located on Crown Land, as a result of fluctuating water levels, including, in particular, as a result of the artificial regulation of the water level on White Lake and White River.
    3. The First Nation agrees to indemnify Canada and Ontario, and any of their Ministers, officials, servants, agents, successors and assigns against any duty, obligation, loss or damage resulting directly or indirectly from any action, cause of action, claim, or demand brought by any Member of the First Nation or any person authorized by them to use the Part 1 Lands, and their heirs, descendants, executors, successors and assigns, against Canada and/or Ontario and their Ministers, officials, servants, agents, successors and assigns with respect to the matters set out in article 17.2 provided such duty, obligation, loss or damage has been awarded or determined by a decision or order of a court or other tribunal of competent jurisdiction, or by a settlement consented to by the First Nation, such consent not to be unreasonably withheld, and notice has been given to the First Nation in accordance with paragraph 19.2.
    4. In the event that in the future some or all of the Additional Crown Lands are transferred to Canada and set aside as reserve lands for the use and benefit of the First Nation, then the provisions of articles 17.1 to 17.3 of this Final Agreement shall apply in the same manner to those lands. For greater certainty, the portion of the Additional Crown Lands lying below, and the portion of the Additional Crown Lands lying above, the contour of elevation 329.18 m CGVD 1928 (1978 Southern Ontario Adjustment) shall be treated in the same manner as the Part 1 Lands and Part 2 Lands, respectively, for the purposes of articles 17.1 to 17.3.
    5. For greater certainty, the provisions of this Final Agreement shall not affect any rights, or claim to damages, of the First Nation in relation to the existing Pic Mobert reserve.

Article 18

Releases

    1. In consideration of the execution of this Final Agreement and the mutual promises it contains, the First Nation does hereby forever release, relieve, remise and discharge Canada and Ontario, and any of their Ministers, officials, servants, agents, successors and assigns from all manner of actions, causes of actions, suits, claims and demands of any kind or nature whatsoever that the First Nation and /or the members of the First Nation and each of its and their heirs, descendants, executors, successors and assigns, past, present and future, may have had, may now have or may in the future have against Canada and/or Ontario, and any of their Ministers, officials, servants, agents, successors or assigns, for or by reason of any act, deed or thing done or omitted to be done by Canada and/or Ontario, any of their Ministers, officials, servants, agents, successors or assigns, arising directly or indirectly from, or in any way connected with, the Framework Agreement, the Interim Measures Agreement, the Proposal, the Agreement in Principle or this Final Agreement, except that this release does not relieve Ontario and Canada of any of their obligations under this Final Agreement.
    2. Ontario shall be entitled to rely on the releases set out in paragraphs 17.2, 18.1 and 18.5 on and after the date on which Ontario transfers administration and control of the Lands, or the Additional Crown Lands, as applicable, to Canada in accordance with paragraph 3.1 and Article 5.
    3. Canada shall be entitled to rely on the releases set out in paragraphs 17.2, 18.1 and 18.5 at such time as the Lands, or the Additional Crown Lands, as applicable, are set apart by Canada as reserve land.
    4. When Canada accepts Ontario’s transfer of administration and control of the Lands, or the Additional Crown Lands, as applicable, Ontario is released by Canada and the First Nation from all liability, damage, loss, obligation, expense and cost, of whatever nature, resulting directly or indirectly from any action, cause of action, claim, or demand which Canada or the First Nation now have or may have in the future against Ontario with respect to the presence of any Contaminants or Toxic Substances in or on the Lands, or the Additional Crown Lands, as applicable, at the time of the acceptance of the transfer of administration and control of the Lands, or the Additional Crown Lands, as applicable, by Canada.
    5. The First Nation hereby releases, relieves, remises and discharges Canada and Ontario, and any of their Ministers, officials, servants, agents successors and assigns from all manner of actions, causes of action, suits and demands of any kind relating to any buildings, fixtures or improvements on the Lands, or the Additional Crown Lands, as applicable, including, without limiting the generality of the foregoing, any liability relating to the title to, condition of or environmental contamination of any of the said buildings, fixtures and improvements. For the purposes of this provision, improvements include any water treatment facilities constructed over the Lands as contemplated by article 10.2.

Article 19

Indemnity

    1. The First Nation agrees to indemnify Canada and Ontario, and any of their Ministers, officials, servants, agents, successors and assigns against any duty, obligation, loss or damage resulting directly or indirectly from any action, cause of action, claim, or demand brought by any member of the First Nation, their heirs, descendants, executors, successors and assigns, against Canada and/or Ontario and their Ministers, officials, servants, agents, successors and assigns with respect to the Framework Agreement, the Interim Measures Agreement, the Proposal, the Agreement in Principle, this Final Agreement and any matter set out in articles 18.4 and 18.5, provided such duty, obligation, loss or damage has been awarded or determined by a decision or order of a court or other tribunal of competent jurisdiction, or by a settlement consented to by the First Nation, such consent not to be unreasonably withheld, and notice has been given to the First Nation in accordance with paragraph 19.2.
    2. Canada and Ontario shall provide reasonably prompt notice by registered mail to the First Nation of any claim which may reasonably give rise to a right of indemnification under paragraphs 17.3 or 19.1. Such notice shall be sufficient to enable the First Nation to identify the claim and shall include all court documents received or produced by Canada and/or Ontario.
    3. The First Nation shall be entitled to defend against any claim against Canada and/or Ontario, and any of its Ministers, officials, servants, agents, successors and assigns which may give rise to a right of indemnification under paragraphs 17.3 or 19.1 and may make such investigation, negotiations and settlement of any claim as it deems expedient. This entitlement however, shall in no way:
      1. mean that the First Nation is entitled to represent Canada and/or Ontario, any of its Ministers, officials, servants, agents, successors and assigns; or
      2. affect the rights or abilities of Canada and/or Ontario, and any of its Ministers, officials, servants, agents, successors and assigns to defend any such claim including, without limitation, the appointment of counsel.
    4. Any request by Canada and/or Ontario for indemnification shall be made in writing. If the amount requested is not paid by the First Nation within 30 (thirty) business days of the receipt of the request, Canada and/or Ontario shall be entitled to invoke all rights and remedies provided by law to recover any amounts legally owing by the First Nation.

Article 20

Non Derogation

    1. Except as otherwise provided in this Final Agreement, nothing in this Final Agreement shall be construed so as to abrogate or derogate in any way from the existing aboriginal, treaty or other rights of the First Nation, or so as to abrogate or derogate in any way from, or affect in any way, any rights of Canada or Ontario, or in any way prejudice or affect the positions of the Parties concerning anything that is not the subject matter of this Final Agreement.
    2. This section does not confer or confirm any aboriginal or treaty rights of the First Nation concerning anything that is not the subject matter of this Final Agreement.

Article 21

Ratification

    1. As soon as reasonably possible following ratification of this Final Agreement by the First Nation, the First Nation shall:
      1. by Resolution notify Canada and Ontario that ratification of this Final Agreement took place pursuant to the First Nation’s custom; and
      2. provide Canada with a written description of its custom, which custom must be consistent with the principles of natural justice and the Canadian Charter of Rights and Freedoms.

Article 22

Execution

    1. This Final Agreement shall be executed by the Chief and a quorum of the Council on behalf of the First Nation following ratification of the Final Agreement by the First Nation.
    2. This Final Agreement shall be executed by the Minister of Indian Affairs and Northern Development on behalf of Canada and by the Minister of Aboriginal Affairs and the Minister of Natural Resources on behalf of Ontario, after the following conditions precedent have been met:
      1. the First Nation has ratified this Final Agreement and has provided to Ontario and Canada the Resolution described in paragraph 21.1;
      2. the First Nation has provided to Canada the written description of its custom as described in paragraph 21.1;
      3. the First Nation has executed this Final Agreement in accordance with paragraph 22.1;
      4. the First Nation has provided to Canada and Ontario a Certificate of Independent Legal Advice, signed by its legal counsel, in substantially the form attached as Schedule 3;
      5. the execution of this Final Agreement by the Minister of Aboriginal Affairs and the Minister of Natural Resources on behalf of Ontario has been authorized in accordance with Ontario’s processes for approval; and
      6. the execution of this Final Agreement by the Minister of Indian Affairs and Northern Development on behalf of Canada has been authorized in accordance with Canada’s processes for approval.

Article 23

Confirmation of agreement

    1. Prior to the confirmation of this Final Agreement by Canada and Ontario, the First Nation shall deliver to Canada and Ontario:
      1. a written notice from the Chief pursuant to section 10(b) of the 1986 Agreement stating that confirmation of this Final Agreement took place pursuant to the First Nation's custom; and
      2. a resolution duly made and executed by the Council authorizing the Chief to execute and deliver the said written notice.
    2. The First Nation shall provide Canada with a written description of its custom, which custom must be consistent with the principles of natural justice and the Canadian Charter of Rights and Freedoms.
    3. After confirmation of this Final Agreement by the First Nation, both Canada and Ontario shall recommend that orders in council be issued confirming this Final Agreement under the 1986 Agreement.

Article 24

Effective Date

    1. This Final Agreement shall come into force and be effective upon its confirmation as a Specific Agreement in accordance with sections 9 and 10 of the 1986 Agreement.

Article 25

Representations and Warranties of the First Nation

    1. The First Nation represents and warrants that:
      1. The First Nation has received independent legal advice from independent legal counsel, qualified to practice law in the Province of Ontario, retained to advise the First Nation with regard to this Final Agreement; and
      2. The First Nation’s legal counsel has fully explained to the Chief and Council and to the Members the legal nature and effect of this Final Agreement and the implementation of this Final Agreement.
    2. The First Nation shall provide to Canada and Ontario a Certificate of Independent Legal Advice, in the form attached as Schedule 3, dated on or after the date of the execution of the Final Agreement by the First Nation.

Article 26

Notice

    1. Any notice or written communication given pursuant to this Final Agreement shall be given as follows:

      To Canada:

      Regional Director General
      Ontario Regional Office
      Department of Indian Affairs and Northern Development
      25 St. Clair Avenue East, 8th Floor
      Toronto, Ontario M4T 1M2
      Tel: 416-973-6201
      Fax: 416-954-4328

      To Ontario:

      Assistant Deputy Minister, Negotiations and Reconciliation Division
      Ministry of Aboriginal Affairs
      160 Bloor Street East, 4th Floor
      Toronto, Ontario M7A 2E6
      Tel: 416-326-4741
      Fax: 416-326-4017

      To the First Nation:

      Chief and Council
      Pic Mobert First Nation
      General Delivery
      Mobert, Ontario P0M 2J0
      Tel: 807-822-2134
      Fax: 807-822-2850

      or to such other address as a Party may designate by notice in writing.

    2. Any notice shall be deemed to have been given or made on the day on which such notice is delivered, or, if mailed, then 72 (seventy-two) hours following the date of the mailing.

Article 27

Implementation Committee

    1. The Parties shall establish an implementation committee to oversee the implementation of this Final Agreement. The implementation committee shall be comprised of the following representatives of the Parties:
      1. for the First Nation, one representative to be named by the Council;
      2. for Canada, one representative to be named by the Ontario Regional Director General of the Department; and
      3. for Ontario, one representative to be named by the Assistant Deputy Minister, Negotiations and Reconciliation Division, Ministry of Aboriginal Affairs.
    2. The following processes shall govern the work of the implementation committee:
      1. the Parties’ representatives on the implementation committee may delegate alternate representatives to attend meetings in the absence of the named representatives;
      2. the implementation committee shall meet as often as necessary, upon request of any of the Parties’ representatives; and
      3. meetings shall be by teleconference unless the Parties agree that the nature of the issues to be discussed requires a meeting in person.
    3. The functions of the implementation committee are:
      1. to ensure that the Final Agreement is implemented in a timely and efficient manner; and
      2. to develop a workplan for the implementation of the Final Agreement.
    4. Canada, Ontario and the First Nation shall each bear their own expenses in connection with the functioning of the implementation committee.
    5. The implementation committee shall continue to function only as long as is necessary for the implementation of this Final Agreement.

Article 28

General Provisions

    1. This Final Agreement is entered into by Canada, Ontario and the First Nation, without any admission of fact or liability whatsoever with respect to any matter.
    2. The waiver of any breach of any provision in this Final Agreement shall not be binding upon a Party unless the waiver is in writing by such Party. Such waiver shall not affect such Party’s rights with respect to any other breaches.
    3. The division of this Final Agreement into Articles and other subdivisions, the provision of a table of contents, and the insertion of headings are inserted only for convenience and shall not control or affect the meaning or interpretation of any part of this Final Agreement.
    4. All references in this Final Agreement to statutes of Canada or Ontario shall include, unless a contrary intention is expressed, any such statute as it may be amended, re-enacted or replaced from time to time and, in respect of any defined term derived from such statute, includes any subsequent definition contained in the statute enacted in substitution therefore or in modification thereof.
    5. Unless the context otherwise necessarily requires, the following provisions shall govern the interpretation of this Final Agreement:
      1. words in the singular include the plural and words in the plural include the singular;
      2. words referring to persons of one gender include persons of the other gender and corporations; and
      3. the terms “in writing” or “written” include printing, typewriting, or any electronic means of communication by which words are capable of being visually reproduced at a distant point of reference, including by telecopier, telex, and electronic mail.
    6. This Final Agreement shall not be varied, changed, amended, added to or replaced except by written agreement among the Parties.
    7. This Final Agreement shall be governed by and construed in accordance with the laws of Ontario and Canada, to the extent that such laws are applicable thereto.
    8. In the event of a conflict Between the body of this Final Agreement and the Schedules, the body of this Final Agreement shall prevail.
    9. In the event of a conflict Between Schedules 1, 2, 6, 7, 8 and 9, and Schedule 20, Schedules 1, 2, 6, 7, 8 and 9 shall prevail.

In Witness Whereof the Parties by their duly authorized representatives have set their hands, signs and seals on the dates indicated.

Signed, Sealed and Delivered in the presence of:

On Behalf of The Pic Mobert First Nation

Witness

Chief of Pic Mobert First Nation

Date

Witness

Councillor of Pic Mobert First Nation

Date

Witness

Councillor of Pic Mobert First Nation

Date

Witness

Councillor of Pic Mobert First Nation

Date

Witness

Councillor of Pic Mobert First Nation

Date

Witness

Councillor of Pic Mobert First Nation

Date

Witness

Councillor of Pic Mobert First Nation

Date

Witness

Councillor of Pic Mobert First Nation

Date

Witness

Councillor of Pic Mobert First Nation

Date

Witness

Councillor of Pic Mobert First Nation

Date

On Behalf Of Her Majesty The Queen In Right Of Canada:

Witness

Minister of Indian Affairs and Northern Development

Date

On Behalf Of Her Majesty The Queen In Right Of Ontario:

Witness

Minister of Aboriginal Affairs

Date

Witness

Minister of Natural Resources

Date

Schedule 1

Description of Part 1 Lands

The Part 1 Lands, being more particularly described as:

Schedule 2

Description of Part 2 Lands

The Part 2 Lands, being more particularly described as:

Schedule 3

Certificate of Independent Legal Advice

Schedule 4

Framework Agreement

Schedule 5

Interim Measures Agreement

Schedule 6

Sketch of LUP Lands

Schedule 7

Description of Part A Lands

Schedule 8

Description of CPR Surplus Lands

Schedule 9

Description of Crown Lands North of the CPR Right of Way

Schedule 10

Description of the Private Lands

Schedule 10A

Sketch of the Private Lands

Schedule 11

Description of Snowmobile Trail Lands

Schedule 12

Snowmobile Trail – Section 28(2) Permit

Schedule 13

Snowmobile Trail – Table

Schedule 14

Description of Bell Canada Distribution Lines

and Facilities

Schedule 15

Description of Hydro One Rights of Way and

Distribution Lines

Schedule 16

Bell Canada – Section 28(2) Permit

Schedule 17

Hydro One – Section 28(2) Permit

Schedule 18

Approximate Location of Archaeological Site

Schedule 19

Sketch of Pow Wow Grounds

Schedule 20

Sketch of the Lands

Order in Council 1901/2017