Schedule 4 - Order in Council 1901/2017
Framework Agreement
This Agreement made this 5th day of August, 1991.
Between:
Fort William First Nation
Michipicoten First Nation
Pays Plat First Nation
Pic Mobert First Nation
Rocky Bay First Nation
Sandpoint First Nation
(hereinafter referred to as the “First Nations”)
- and -
Government of Canada
(hereinafter referred to as “Canada”)
- and -
Government of Ontario
(hereinafter referred to as “Ontario”)
Whereas the parties hereto have for the past several years participated in discussions with the intent to resolve outstanding issues of common concern with respect to Land and a larger land base for the First Nations, including but not limited to working towards balancing the following objectives: 1) Ensuring and maintaining a pristine environment and unspoiled wilderness; 2) Developing and managing land for surface harvesting of renewable resources; 3) Developing, managing and reclaiming land for subsurface mineral extraction; 4) Water management and possible exporting; 5) Economic and socio-economic development; and 6) Meeting social needs;
And Whereas the parties hereto acknowledge the importance of the need to address and resolve the issues described herein and to develop a process to address those issues in a timely manner and in accordance with an agreed upon workplan;
And Whereas the parties are desirous of negotiating settlement of these matters in a timeframe not to exceed two years from the date of the signing of this framework agreement;
Now therefore this agreement witnesseth that the parties hereto, in consideration of the mutual covenants hereinafter set out, agree as follows:
- Each and every party hereto hereby declares their commitment to enter forthwith into negotiations to reach Agreements regarding the outstanding issues within the agreed upon timeframe specified herein.
- The parties hereby commit themselves to use their best efforts to negotiate and conclude Agreements regarding Land and a larger land base, including but not limited to working toward balancing the following objectives: 1) Ensuring and maintaining a pristine environment and unspoiled wilderness; 2) Developing and managing land for surface harvesting of renewable resources; 3) Developing, managing and reclaiming land for subsurface mineral extraction; 4) Water management and possible exporting; 5) Economic and socio-economic development; and 6) Meeting social needs; in a spirit of goodwill and good faith.
- The parties hereto agree that these negotiations shall be chaired and facilitated by the Indian Commission of Ontario pursuant to its mandate as set out in its respective orders in council, and pursuant to its workplans.
- The First Nations hereby reserve their rights to continue or enter into later and/or separate negotiations, tripartite or bi-lateral, regarding self-government, economic development and such other issues as the parties hereto may agree.
- The parties agree that nothing in this Agreement shall be construed so as to affect, derogate from or abrogate aboriginal, treaty, constitutional or any other rights of the aboriginal parties or their members or of Ontario or of Canada, or as an acknowledgement by any party of any right asserted by any other party or of the validity of any claims asserted by any other party.
- Canada and Ontario shall on an equal basis fund the consultation and negotiation costs of the First Nations in connection with the implementation of this Agreement during the two years following the signing of this Agreement, in accordance with agreed upon budgets and workplans.
- The parties have agreed that the offset clause, attached hereto as Schedule “A”, shall form part of this Agreement and the parties further agree that the said offset clause does not derogate from any of the rights set out in paragraph 5 herein.
- This Agreement and all commitments contained herein shall come into force on the date of its execution and shall continue in force for a period of two years, unless amended by agreement of all parties, or terminated by one or more of the parties, after having given three (3) months notice in writing to the other parties hereto, with notice by one or more individual First Nation not constituting notice by the “First Nations” as described herein.
- The parties agree to request the necessary ratification of any agreement(s) reached through this process in a manner appropriate to each party with the intention that such agreement(s) will be legally enforceable by any party after all parties have ratified such agreements(s).
In Witness Whereof the parties hereto have signed this Agreement on the day and year first above written.
Signed, Sealed and Delivered
on behalf of Canada.
______________________
Witness
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Signed, Sealed and Delivered
on behalf of Ontario.
______________________
Witness
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Signed, Sealed and Delivered
on behalf of Fort William First Nation.
______________________
Witness
______________________
Signed, Sealed and Delivered
on behalf of Michipicoten First Nation.
______________________
Witness
______________________
Signed, Sealed and Delivered
on behalf of Pays Plat First Nation.
______________________
Witness
______________________
Signed, Sealed and Delivered
on behalf of Pic Mobert First Nation.
______________________
Witness
______________________
Signed, Sealed and Delivered
on behalf of Rocky Bay First Nation.
______________________
Witness
______________________
Signed, Sealed and Delivered
on behalf of Sandpoint First Nation.
______________________
Witness
______________________
Schedule “A”
To the Framework Agreement
The Offset Clause
- The parties agree that the value of any assets, Crown land, interest in Crown land, resources or access to resources provided to a First Nation pursuant to the Framework Agreement shall be set off against an equal value of any assets, Crown land, interest in Crown land, resources or access to resources obtained by the corresponding First Nation as a result of the resolution or settlement of any claims or demands made against Canada or Ontario, whether made by judicial disposition, agreement or howsoever achieved made subsequent to the date of this Agreement with Canada or Ontario.
- The parties agree that Canada and Ontario will receive full credit in any subsequent resolution of settlement with a First Nation for any assets, Crown land or interest in Crown land, resources or access to resources that is provided a First Nation pursuant to the Framework Agreement dated August 5th, 1991.
- The market value of the assets, Crown land, interest in Crown land, resources or access to resources shall be estimated as of a date to be agreed upon between the parties; however, if the parties are not able to agree on the data within thirty (30) days of a request for agreement being served upon any of the other parties, the market value shall be taken to be effective as of the date of the disposition of the Crown land, interest in Crown land, resources or access to resources disposed of in favour of the First Nation through the land claim.
- The appraisals required shall be conducted by two qualified independent appraisers agreed upon by the parties. If the two appraisers differ in the estimate of market value by more than 20% (twenty percent) and the difference cannot be reconciled between the parties, then a third appraisal shall be conducted by a third qualified independent appraiser to be agreed upon by the parties. If the parties cannot agree on the value of the Crown land, interest in Crown land, resources or access to resources then the median value shall be determined by the parties to be value of the appraised.
- The costs of all appraisals referred to in paragraph 5 of this Schedule “A” shall be to the account of the Federal and Ontario governments.