Indian Oil and Gas Canada Right of Way Application Instructions
In order for the First Nation to be fully informed, Indian Oil and Gas Canada (IOGC) has a two step application approval process. The first step of the process is a review of the application information and environmental review by IOGC prior to the applicant obtaining the signatures of Chief and Council. The second step of the approval process will occur after the review where IOGC will advise the applicant that the information is correct and that all environmental conditions have been satisfied. At this point, the applicant can seek Band Council approval. Once a quorum of signatures has been obtained, the applicant can forward the package to IOGC,Lease Administration for final execution.
Step One:Information Requirements - To be submitted to IOGC with the $50.00 application fee in a cheque payable to the Receiver General for Canada.
1. Completed Application Section of the Right of Way - (this consists of pages 3 and 4 of the Right of Way Agreement).
2.A legal survey plan (one copy only) prepared in accordance with the Canada Lands Survey Act.
3.An environmental review is required for approval for oil and gas projects on First Nation reserve lands. For complete information and procedures regarding environmental requirements, please refer to the Environment section of the Steps in the Business Cycle.
Once the applicant has met all of the above informational requirements to the satisfaction of IOGC, the applicant will be advised to proceed to step two of the process.
Step Two:Information Requirements - To be submitted to IOGC.
1. Four completed Right of Way documents - including four original signed and dated Band Council Signatures pages (attached to Right of Way document as Band Council Resolution), and Four Applicant’s signature - (attached to Right of Way document as Execution By Parties page)
2.Five (5) paper prints of the survey plan (signed by the company and the surveyor).
3.Initial Consideration in a cheque payable to the Receiver General for Canada.
Upon execution by the applicant, Band Council and Executive Director, Indian Oil and Gas Canada, the applicant will be notified and the agreement with appendices will be issued.
If you have any questions regarding this right of way application procedure please call IOGC at (403) 292-5625 and ask for the Lease Administrator who looks after the reserve of interest.
CALGARY#325953 - v1
ABORIGINAL AFFAIRS AND NORTHERN DEVELOPMENT CANADA
INDIAN OIL AND GAS CANADA
INDIAN OIL AND GAS ACT AND REGULATIONS
RIGHT OF WAY NO. RW -
THIS Agreement is made as of the Effective Date
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA, REPRESENTED BY THE EXECUTIVE DIRECTOR
OF INDIAN OIL AND GAS CANADA
(“GRANTOR”).
-and-
COMPANY NAME
(“GRANTEE”)
-and-
APPROVED BY
(OFFICIAL BAND NAME)
ROW APPLICATIONTERM SHEET
______
RECITALS
Grantor, with the approval of the Band Council, is authorized by the Regulations to grant rights of way in respect of use and occupancy of Indian lands for operations related to the exploitation of oil and gas. The terms of this right ofway have been approved by the Band Council and include terms not expressly provided for in the Regulations but which are jointly considered advisable by the Band Council and Grantor.
1. RIGHT OF WAY COMPONENTS
This ROW consists of the ROW Application &Term Sheet, the Regulations and the following Appendices:
GENERAL TERMS (Appendix “A”)
EVIRONMENTAL PROTECTIONTERMS LETTER (Appendix “B”)
REGISTERED CANADA LANDS SURVEY RECORDS PLAN (Appendix “C”)
AMENDING FORM FOR ACREAGE REVISION (Appendix “D”)
2. ROW APPLICATIONPROCESS
Refer to the separate instruction sheet for directions on applying for Indian Oil and Gas Canada right-of-way approvals. The instruction sheet has been included with the distribution of this form.
Note: For information on completing this form contact IOGC’s Lease Administration Unit at (403) 292-5625.
3. APPLICANT INFORMATION & LANDS
APPLICANT/GRANTEE______(“Grantee”)
Address: City______Province ______Postal Code______
Phone: ______Fax: ______Place of Incorporation______
AGENT (if applicable)______
Address:City______Province ______Postal Code______
Phone: ______Fax: ______Place of Incorporation______
Grantee is the holder of, or entitled to an interest in one of the following:
Indian Oil and Gas Canada subsurface Permit or Lease Number:______
4. FIRST NATION/BAND: (insert name) ______
RESERVE: (insert name and number)______
5. BAND MEMBERS IN LAWFUL POSSESSION
Granteeshall in accordance with section 27 of the Regulations obtain the signature(s) on the sheet attached to this application, of the band members in lawful possession, who are located on the Lands.
6. PIPELINE AND LAND LOCATION
Surface Location TWPs____RGEs_____W M SECTIONS ______
TWPs____RGEs_____ W M SECTIONS______
Type of PipelineOil____ Gas____ Water____ Other (specify)______
Total Hectares______(Acres______) Length______Diameter______Buried Depth______
Wells on Reserve to be tied in:______
Will temporary working space be required? YES ____ or NO_____
If YES, indicate location and amount of land required on plans.
7. COMPENSATION
As a result of negotiations with the Band Council and the persons in lawful possession of the land applied for (if any), the following compensation is agreed to:
Compensation:$______
Entry Fee:$______
Annual Rental (if applicable):$______
Other (specify):$______
TOTAL:$______
(Payment to be made in favour of Receiver General forCanada, issuance fee paid with application)
8. EFFECTIVE DATE & TERM
The Term of the Right of Way commences on the _____day of______, 20__ (“Effective Date”) and continues (subject to default) until it is terminated either in accordance with section 29 of the Regulations (requiring a band council resolution) or, where Grantor expressly accepts a surrender in accordance with section 44 of the Regulations. In either case, the obligations to reclamation shall survive such termination until fulfilled to the requirements of the Regulations and the satisfaction of Grantor.
9. NOTICESAddresses for Notice:
Grantor: Indian Oil and Gas Canada
Suite 100, 9911 Chiila Blvd.
Tsuu T'ina (Sarcee), AB T2W 6H6
Attention: Director, Lease and Royalty Administration
Grantee: (insert name)
(insert address)
Attention:
Fax:
Council:(insert name)
(insert address)
Attention: Chief and Council
Fax:
10. CONDITIONS
Grantee shall use reasonable best efforts to maximize employment and training opportunities to Band members through all phases of exploration and development, using methods developed co-operatively with the Chief and Council.
BAND COUNCIL RESOLUTION AND SIGNATURES OF A QUORUM OF COUNCIL
DATED the ______day of ______20__BCR No.______
Province______
BAND COUNCIL RESOLUTION OF ______(First Nation)
RECITALS:
A.Grantee has applied for a right of way on the terms of the ROW Term Sheet, which have been negotiated with the Council and with Band members in lawful possession (if any), and this right of way agreement represents and sets out those negotiated terms.
B.Council has reviewed the terms of this right of way agreement, approves its terms and resolves that it shall be executed and issued on these terms.
C.Council wishes this Band Council Resolution to be both the approval of Council, and the Band Council Resolution, as required by section 27of the Regulations.
NOW THEREFORE CHIEF AND COUNCIL RESOLVE AS FOLLOWS:
- Indian Oil and Gas Canada be hereby authorised to issue the Right of Way, RW-______to which this Band Council Resolution is attached, as of the Effective Date, to the Grantee, on the terms and conditions of the Right of Way Agreement attached.
2.This Band Council Resolution is both the approval required by subsection 27(2)(c) of the Regulations and the resolution of Council required by subsection 27(5) of the Regulations.
______
CHIEF
______
CouncillorCouncillorCouncillor
______
CouncillorCouncillorCouncillor
______
CouncillorCouncillorCouncillor
______
Names of persons in lawful possession (Certificate of Possession)Signature(s)
______
Names of persons in lawful possession (Certificate of Possession)Signature(s)
EXECUTION BY PARTIES
THIS RIGHT OF WAY AGREEMENT IS EXECUTED AND DELIVERED AS OF THE EFFECTIVE DATE.
INDIAN OIL AND GAS CANADA
EXECUTIVE DIRECTOR
Per:______
[insert Grantee Name]
Signed in the presence of:Per______C/S*
Per______
______
WITNESS (If by Power of Attorney**)
*Grantee is required to affix a corporate seal unless the ROW Agreement is executed by way of Power of Attorney. If the ROW Agreement is executed by Power of Attorney, the signature is to be witnessed and the attached affidavit of execution is to be completed before a notary public.
**Grantee must provide an original Power of Attorney to Grantor if one has not already been provided.
AFFIDAVIT OF EXECUTION
CANADAI, ______, of
(witness name)
PROVINCE OF______, ______
(insert province)(city/town)(province)
TO WIT
______
(insert occupation)
MAKE OATH AND SAY THAT:
1. I was personally present and did see______named in
(signatory name)
the instrument to which this affidavit is annexed, who is personally known to me to be the person
so named and to hold the position with Grantee as therein indicated, duly sign the said instrument
for the purposes described therein.
2. The aforesaid instrument was executed at______, ______
(city/town)(province)
and I am the subscribing witness thereto.
3. I know the above party and (s)he is in my belief 18 years of age or more.
SWORN BEFORE ME at______
This______day of
______20__.
______
A Notary Public in and for the Province of (Province).
APPENDIX “A”
GENERAL TERMS
(RIGHT OF WAY)
RECITALS.
A.Grantee has made application for a right of way under section 27of the Regulations for purposes related to the exploitation of oil or gas on Indian Lands and the approved and executed application form is attached to this agreement as the Term Sheet.
B.Grantee has delivered to Band Council and to any band member in lawful possession of the lands a copy of its application and a copy of the applicable land survey, has obtained approval of the Band Council and the consent of any band member in lawful possession of the lands, and that approval and consent is attached to the Term Sheet. A Band Council Resolution has been signed and is attached to the Term Sheet.
C.An environmental review has been completed and environmental terms have been set out and a copy of these terms is attached as Appendix “B”.
D.A Survey Plan has been obtained and is attached as Appendix “C”, which will subsequently be replaced by a revised final survey plan prepared by Canada Lands Survey, when received by Grantor.
GRANTOR AND GRANTEE AGREE AS FOLLOWS:
1.00DEFINITIONS AND INTERPRETATION
1.01The definitions in the Regulations or the Indian Act of terms used in this ROW Agreement are incorporated in this ROW Agreement, unless the contrary is stated and, where applicable in this ROW Agreement,
Annual Rental is described in the term sheet;
Appendix means one of the Appendices attached to the Term Sheet;
Band has the meaning given “band” in the Indian Act;
Band Council has the meaning given “band council” in the Indian Oil and Gas Regulations, 1995;
Effective Date is described in the Term Sheet;
Environmental Event means any event on or about the Lands such as without limitation a leak, spill, emission, escape, deposit, or contamination resulting in harm or the reasonable apprehension of harm to the Environment;
Environment means the air, the land and the water, all organic and inorganic matter and living organisms therein and the interacting natural systems variously involving these components;
Federal Crown means Her Majesty the Queen in Right of Canada;
General Terms means these Appendix “C” General Terms;
Initial Consideration means compensation for damage to the surface of the land, severance, inconvenience, loss of use, and disturbance (non-annual);
Issuance Fee is the fee prescribed in Schedule II to the Indian Oil and Gas Regulations, 1995 for the issuance of an agreement;
Lands are shown in bold on the plan attached as Appendix “C” and are described in the Term Sheet;
ROW Operations means any operations conducted by or on behalf of Grantee which are related in any way to this ROW Agreement including without limitation, Grantee’s operations under any related exploratory licences, mineral dispositions, surface leases, or other related agreements;
Regulations means the Indian Oil and Gas Act and the Indian Oil and Gas Regulations, 1995, or either of them;
Term is described in Article 3.00 of these General Terms.
Term Sheet means the document entitled “ROW Application Term Sheet” to which this Appendix is attached;
In addition, unless the contrary is stated, the definitions in the Indian Act, the Indian Oil and Gas Act and the Indian Oil and Gas Regulations, 1995 for any terms used in this ROW Agreement, shall also apply.
1.02All statutory references in this ROW Agreement include both the statute and all associated regulations, all future amendments thereto and any instruments passed in the future which have the effect of supplementing or superseding them.
1.03The headings of articles are inserted for convenience of reference only and do not affect the meaning of this ROW Agreement.
1.04This ROW Agreement is to be read with all changes in gender and number as may be required by the context.
2.00GRANT
2.01Grantor grants to Grantee the right to excavate for, lay down, construct, operate, maintain, inspect, patrol, replace, reconstruct and repair a pipeline for the carriage, conveyance, transportation and handling of oil and petroleum products, water or gas, together with the right of access on the lands shown outlined in red on the plan attached as Appendix “C” and described in the Term Sheet (“Lands”), subject to the terms and conditions of this ROW Agreement and the Regulations.
3.00TERM
3.01The Term of this ROW Agreement commences on the Effective Date and shall continue in accordance with the Regulations for such period or periods of time as are, in the opinion of the Grantor, reasonably necessary to allow for the extraction, transportation and treatment of oil or gas or both and the subsequent reclamation and abandonment of pipelines.
4.00COMPENSATIONAND SURVEYED ACREAGE
4.01Grantee shall pay to Grantor the Initial Consideration, payable on or prior to execution of this ROW Agreement.
4.02Where a Registered Canada Land Survey Plan is not available, the Grantee shall provide with the application a mylar plan in a form and of quality acceptable to Grantor and sufficient in detail for Canada Lands Survey (CLS) to prepare its survey plan to be attached as Appendix “C”. This mylar plan (in a form which accords with the requirements of section 40 of the Regulations) shall be deemed to be the actual plan until a CLS plan is received from Canada Lands Survey by Grantor. Grantor will then provide Grantee and the Band with a copy of the CLS plan which shall be inserted in the place and stead of the mylar plan under Appendix “C”.
4.03If as a result of the Canada Land Survey Plan, the leased acreage changes, Grantor will also supply Grantee with a completed Appendix “D”signed by the Grantor (in the form attached), which will confirm the new acreage and the adjustment for the Initial Consideration. The adjustment will be retroactive to the Effective Date. Where the acreage has increased the increase will forthwith be paid by Grantee to Grantor. Adjustments of under one hundred dollars either way will not be required to be paid.
5.00COVENANTS
5.01Grantee agrees:
(a)to pay the Initial Consideration and annual rentals hereby resolved;
(b) to pay all taxes, rates and assessments that may be properly assessed or levied against it as the occupier of the Lands; and
(c)to abide by all terms set forth in the Environmental Protection Terms letterissued by Grantor and attached as Appendix “B”.
6.00CONFIDENTIALITY
6.01The confidentiality restrictions in the Regulations shall not apply to information which is in, or becomes part of, the public domain, nor to information obtained or obtainable from another source who or which is not bound by confidentiality restrictions.
7.00ENVIRONMENTAL AND ARCHEOLOGICAL IMPACTS
7.01Grantee shall immediately report to Grantor both verbally and in writing, details of any Environmental Event associated with or resulting from ROW Operations. This clause is in addition to and does not replace, preclude or limit the statutory obligations of Grantee regarding environmental events nor observance of the terms set out in Appendix “B”.
7.02Grantee,in consultation with the Band Council, must take all reasonable steps in the conduct of its ROW operations to prevent or mitigate any anticipated or actual adverse effects with respect to the environment or any archeological, historical, cultural, spiritual or other sensitive sites on the ROW lands.
8.00INSURANCE
8.01Prior to the commencement of and duringROW operations, the Grantee shall comply with all legislation concerning workers engaged in ROW operations including without limitation Worker’s Compensation legislation.
8.02Without limiting in any way the liability of Grantee under this ROW Agreement, the Grantee represents that it now carries and will continue to carry during the term of this ROW Agreement, and Grantee shall, as a minimum hold and maintain, insurance coverage in the minimum amounts as is prudent and necessary for coverage of all anticipated ROW operations. These shall include as a minimum, the following insurance policies, from one or more reputable insurers, together with any additional policies (collectively “Policies”) as follows:
(a)Comprehensive general liability insurance with inclusive bodily injury and property damage limit of five million ($5,000,000.00) dollars per occurrence, which shall include, without limitation, occupiers liability, employer’s liability, employers contingent liability, contractual liability, contractor’s protective liability, products liability, completed operations liability and contractors liability insurance covering without limitation, control of well, expense of re-drilling and re-completion, clean-up expense, seepage pollution and contamination, custody and control property and evacuation expense;
(b)Automobile liability insurance covering all motor vehicles, snow craft and all-terrain vehicles, owned or non-owned, operated or licenced by Grantee and used in ROW operations, with inclusive bodily injury, death and property damage limit of one million ($1,000,000.00) dollars per occurrence; and
(c)Aircraft liability insurance covering all aircraft, owned or non-owned, operated or licensed, by Grantee with inclusive bodily injury, death and property damage limit of five million ($5,000,000.00) dollars per occurrence.
8.03The Policies shall provide that they shall not be cancelled without thirty days prior written notice given to Grantor by the insurer.