SEPTEMBER 17, 1997

 

BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA, herein acting and represented by the Right Honourable Jean Chrétien, Prime Minister of Canada and the Honourable Jane Stewart, Minister of Indian Affairs and Northern Development,

AND: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ALBERTA, herein acting and represented by the Honourable Ralph Klein, Premier of Alberta and the Honourable David Hancock, Minister Responsible for Native Affairs,

AND: THE LUBICON NATION, and the members thereof, herein acting and represented by Chief Bernard Ominayak,

WHEREAS the Lubicon Nation has asserted rights and interests in and in respect of its traditional lands in Northern Alberta;

WHEREAS it is expedient to agree upon a land rights settlement in respect thereto by the adhesion of the Lubicon Nation to Treaty No. 8 and the recognition and provision by Canada and Alberta of certain other rights, privileges and benefits to the Lubicons and Lubicon Nation;

NOW, THEREFORE, CANADA, ALBERTA AND THE LUBICON NATION AGREE AS FOLLOWS:

1.1 The parties have sought by this agreement to provide for a fair and equitable settlement of the rights and interests asserted by the Lubicon Nation in and in respect of its traditional lands in Northern Alberta.

For the purposes of this agreement, and unless otherwise expressly provided or indicated by the context:

3.1 Subject to the terms of this agreement and in consideration of the rights, privileges and benefits herein set forth in favour of the Lubicons, and in consideration of the undertakings of the Crown made in Treaty No. 8, the Lubicon Nation hereby adheres to Treaty No. 8 as if its members had been present and had signed the treaty at the council held at Lesser Slave Lake on June 21, 1899 with the understanding of the Indians who signed the treaty as at that date and exclusive of unilateral action subsequently taken by the Crown or by the governments of Canada or of Alberta.

3.2 The Lubicons and the Lubicon Nation shall have the rights, privileges and benefits provided for in Treaty No. 8 in favour of Indians and Indian bands or nations and Canada agrees to recognize such rights and to provide to all the Lubicons and to the Lubicon Nation such privileges and benefits from the date hereof.

3.3 Canada further recognizes, gives, grants and provides to the Lubicons and the Lubicon Nation the rights, privileges and benefits provided for in this agreement.

3.4 Alberta hereby joins and consents to this agreement and, to the extent of its obligations herein, recognizes, gives, grants and provides to the Lubicons and the Lubicon Nation the rights, privileges and benefits provided for in this agreement.

3.5 In consideration of the payment of compensation provided for in Part 10 and performance by Canada and Alberta of the terms and obligations of this agreement, the Lubicons and the Lubicon Nation undertake to release and discharge Canada and Alberta, their servants and agents, from all claims, demands, actions and rights of action based upon any failure to perform, prior to the date of this agreement, obligations, promises and undertakings imposed upon or made by the Crown under Treaty No. 8; provided that neither this release, nor any such failure on the part of Canada or Alberta or their respective servants and agents, is to operate or to be treated as an extinguishment or modification of aboriginal rights or of treaty obligations, rights, privileges or benefits.

3.6 Upon full performance of its obligations under this agreement, the Lubicons and the Lubicon Nation undertake to release and discharge Canada in respect of the land rights of the Lubicons and the Lubicon Nation, provided that the release contemplated by this section is subject to their retaining the rights and interests contemplated by the Agreement Respecting Wildlife and Integrated Land Use Management for the Lubicon Lake Area appended as Schedule 10, and by Part 12, including Schedule 9, to this agreement and shall not include and does not extend to the reserves described in Part 5.

3.7 Upon full performance of its obligations under Part 5 and of the related Agreement Respecting Wildlife and Integrated Land Use Management for the Lubicon Lake Area appended as Schedule 10, the Lubicons and the Lubicon Nation agree not to make future or further claims against Alberta to set aside land for a reserve or reserves for them, provided that such agreement shall not include and does not extend to the reserves described in Part 5.

3.8 The legal proceedings involving the parties and bearing the number T-2048-80 of the records of the Trial Division of the Federal Court of Canada and numbers 8201-03713 and 8801-07584 of the Court of Queen’s Bench of Alberta at Calgary are hereby settled and the parties respectively release and discharge each other, their agents, mandataries, representatives and employees from all claims, demands, damages and inconvenience and costs arising from or in relation to the matters contemplated by the said proceedings. The parties to the said proceedings undertake that they will cause the necessary documents to be filed in the records of the courts to give effect to the above. Alberta undertakes that the individual and corporate defendants named in the legal proceedings described above shall also give effect to this section.

3.9 Unless specifically and expressly addressed in this agreement, the aboriginal rights of the Lubicons and the Lubicon Nation shall not be affected by this agreement.

3.10 Nothing in this agreement shall remove from the Lubicons their identity as Indians or as aboriginal people within the meaning of the constitution of Canada, including the Constitution Act, 1982.

3.11 Nothing in this agreement shall affect any hunting, trapping or fishing rights of the Lubicons or the Lubicon Nation.

3.12 This agreement is made without prejudice to any rights or claims of any aboriginal people or persons other than the Lubicons in respect of the territory contemplated by Treaty No. 8.

3.13 The rights, privileges and benefits provided for herein are in addition to programs, services and funding generally applicable to Indians and Indian bands or nations. Consequently, except as otherwise provided for in this agreement, federal programs, services and funding and the obligations of Canada shall continue to apply to the Lubicons and the Lubicon Nation on the same basis as to the other Indians and Indian bands or nations in Canada.

3.14 This agreement is a treaty within the meaning of the constitution of Canada, including section 35 of the Constitution Act, 1982.

3.15 This agreement may be amended with the consent of the Lubicon Nation, acting through its Chief and Council, and of Canada, given in such way as is necessary, in law, to maintain and ensure its status as a treaty within the meaning of the constitution of Canada, including section 35 of the Constitution Act, 1982.

3.16 The schedules attached hereto and described herein form part of this agreement.

4.1 Every person who adheres to Treaty No. 8 pursuant to this agreement does so in accordance with Part 3.

4.2 A person who adheres to Treaty No. 8 pursuant to this agreement is entitled to be registered as an Indian under the Indian Act.

4.3 All of the persons listed in Schedule 1 to this agreement are adherents to Treaty No. 8 and are beneficiaries under this agreement.

4.4 All of the persons listed in the finalized list of members of the Lubicon Lake Nation contemplated by section 1.2 of Schedule 6 are adherents to Treaty No. 8 and are beneficiaries under this agreement.

4.5 A person who is registered on the membership list of the Lubicon Nation in accordance with the membership code of the Lubicon Nation is an adherent to Treaty No. 8 pursuant to this agreement and a beneficiary under this agreement.

4.6 A person who becomes registered on the membership list of the Lubicon Nation in accordance with the membership code of the Lubicon Nation becomes an adherent to Treaty No. 8 pursuant to this agreement and a beneficiary under this agreement upon registration as a member.

5.1 In accordance with the terms of the Grimshaw Accord of October 22, 1988, Alberta will forthwith

(a) set aside, pursuant to the Constitution Act, 1930, seventy-nine square miles of Crown lands, including unencumbered mines and minerals, as outlined on the maps included in Schedules 2, 3 and 4 ("the 79 square miles"), with such mines and minerals as may be encumbered at the time to be later set aside in accordance with this agreement; and

(b) transfer to Canada all right, title and interest in sixteen square miles of land, excluding mines and minerals, as outlined on the maps included in Schedule 2 ("the 16 square miles")

all to be held by Canada for the use and benefit of the Lubicon Nation and its members.

5.2 In consideration of Alberta’s and the Lubicon Nation’s cooperation in transferring the 16 square miles, Canada will make an ex gratia payment equal to the fair market value of the said lands, payable to Alberta and the Lubicon Nation jointly, and the Lubicon Nation will endorse such payment to Alberta.

5.3 Canada and Alberta will cooperate to ensure the extinguishment and cancellation of all third party rights, licences and interests, surface and subsurface, within the 79 square miles and the 16 square miles, other than those specifically excepted in this agreement, and otherwise to complete the orderly disposition of such rights, licences and interests.

5.4 Alberta will set aside, pursuant to the Constitution Act, 1930, mines and minerals within the 79 square miles as they become free of encumbrance, to be held by Canada for the use and benefit of the Lubicon Nation and its members.

5.5 Upon the setting aside and transfer to Canada of the 79 square miles and the 16 square miles as provided for in section 5.1, Canada shall forthwith set them apart and establish them as reserves under the Indian Act for the use and benefit of the Lubicon Nation as follows:

(a) a reserve of approximately ninety-one (91) square miles in the vicinity of Lubicon Lake as described and outlined on the map included in Schedule 2;

(b) a reserve of approximately two (2) square miles at Bison Lake as described and outlined on the map included in Schedule 3; and

(c) a reserve of approximately two (2) square miles at Haig Lake as described and outlined on the map included in Schedule 4.

5.6 Upon Alberta’s having set aside the 79 square miles, including mines and minerals, as provided for in sections 5.1 and 5.4, Canada will grant Alberta a full release in respect of such lands in conformity with Schedule II of the Constitution Act, 1930.

5.7 The 79 square miles and 16 square miles shall be set aside and transferred, and the reserves described in section 5.5 above shall be established, using the preliminary descriptions of Schedules 2, 3 and 4 to this agreement, with such descriptions to be replaced by final descriptions based on legal surveys to be prepared and completed by Canada, at its expense.

5.8 Canada shall extinguish and cancel all surface rights, licences and interests, except those of the Lubicon Nation, on the reserve area of 25.4 square miles contemplated in 1939 as described and outlined on the map included in Schedule 2 (the "1939 Area") and shall be responsible for any compensation of such third party rights, licences and interests, surface and subsurface, within the 1939 Area as may be required to be extinguished and cancelled by this agreement. Alberta shall cooperate with Canada to ensure the extinguishment and cancellation of such third party rights, licences and interests and otherwise to complete their orderly disposition.

5.9 Except as otherwise provided for in this part, Canada and the Lubicon Nation will take such steps as are necessary to preserve, to the satisfaction of Alberta, pipeline agreement PLA-810618 and pipeline agreement PLA-2145.

5.10 Canada will obtain the expeditious surrender of P&NG Licence 5486010093 and of P&NG Licence 5486010094 in order to ensure that reserve construction can proceed with minimum interference.

5.11 Canada and Alberta jointly undertake to take such steps as are necessary to clear, cancel or extinguish the dispositions listed in Schedule 11.

5.12 Alberta shall pay to the Lubicon Nation the total amount of all benefits accrued to or received by Alberta prior to the execution of this agreement in respect of mines and minerals within the 79 square miles.

5.13 From the date of execution of this agreement until the expiration of existing rights, leases, licences and interests or the substitution thereof pursuant to section 5.14, Alberta shall pay to the Lubicon Nation the total amount of all benefits accruing to or to be received by Alberta in respect of mines and minerals within the 79 square miles.

5.14 Canada and Alberta will, with the cooperation and prior agreement of the Lubicon Nation, endeavour to negotiate agreements with holders of rights, leases, licences and interests in respect of the mines and minerals within the 79 square miles by which all benefits accruing to or to be received by Alberta in respect of such mines and minerals shall accrue to and be paid to the Lubicon Nation but, failing successful negotiation of such agreements, such rights, leases, licences and interests shall be extinguished and cancelled, as provided for in section 5.3, by
{___ DATE TO BE INSERTED___}.

5.15 Moneys or payments made to the Lubicon Nation pursuant to sections 5.12, 5.13 or 5.14 shall be held by the Lubicon investment corporation for the purposes and subject to the conditions and restrictions contemplated by Parts 10 and 11.

5.16 Canada and Alberta shall take all such steps as may be necessary to effect the setting aside and transfer of the 79 square miles and the 16 square miles and to complete the establishment of the reserves as contemplated by this part in accordance with the following time limits:

(a) by {___ DATE TO BE INSERTED___}, prepare and complete surveys and final descriptions of the reserves as provided for in section 5.7;

(b) by {___ DATE TO BE INSERTED___}, complete the cancellation and extinguishment of the third party rights, licences and interests in the 1939 Area provided for in section 5.8;

(c) by {___ DATE TO BE INSERTED___}, clear, cancel or extinguish the dispositions described and provided for in section 5.11 and Schedule 11;

(d) by {___ DATE TO BE INSERTED___}, obtain the surrender of the licences described and provided for in section 5.10;

(e) by {___ DATE TO BE INSERTED___}, negotiate the agreements contemplated in section 5.14;

(f) by {___ DATE TO BE INSERTED___}, effect the setting aside of the remainder, if any, of the mines and minerals within the 79 square miles as provided for in this part generally; and

(g) by {___ DATE TO BE INSERTED___}, take all such other steps as may be necessary to complete the setting aside and transfer of the 79 square miles and the 16 square miles and the establishment of the reserves described in section 5.5 above.

5.17 Notwithstanding section 5.13, Canada and the Lubicon Nation shall grant rights of reasonable access, use or occupation over the reserves to the persons and for the purposes described in Schedule 5.

5.18 Subject to the permissions granted in Schedule 5, until the expiry or surrender of existing Alberta surface or subsurface rights, leases, licences and interests, there shall be no drilling in the 79 square miles except with the consent of the Lubicon Nation.

5.19 No development of any kind shall take place on the 16 square miles, whether in respect of the surface or the mines and minerals thereupon or thereunder, except with the consent of the Lubicon Nation.

5.20 Separate and apart from this agreement, the Lubicon Nation may choose to negotiate with Alberta for mines and minerals, and compensation paid under Part 10 may be used by the Lubicon Nation for this purpose.

5.21 Alberta shall have the rights to and access to the bed and shores of Lubicon Lake except that the Lubicon Nation shall have:

(a) the right to take such water as it deems advisable from Lubicon Lake, subject only to protection of the environment;

(b) the right of unrestricted access to Lubicon Lake and the shores thereof; and

(c) the responsibility of protecting water quality and preventing Lubicon Lake from being polluted by Lubicons or by others.

5.22 The Lubicon Nation shall have the exclusive right to cultivate and harvest wild rice at and in Lubicon Lake, Haig (Fish) Lake, Bison (Big Buffalo) Lake and Little Buffalo Lake, together with the responsibility of protecting water quality and preventing the said lakes from being polluted by Lubicons or by others.

5.23 Nothing herein shall affect the aboriginal rights of the Lubicons and the Lubicon Nation in respect of the lands, mines, minerals and other resources of the reserves.

6.1 Canada agrees to pay the entire cost of the construction of a new community for the Lubicon Nation in the vicinity of Lubicon Lake. Subject to the risk, contingency, and escalation factors provided for in Schedule 6, the amount payable by Canada to the Lubicon Nation for this purpose is a base amount of $71,693,826 (1996 $C).

6.2 Schedule 6 sets out the obligations of the parties and other terms of this agreement with respect to community construction capital works to be provided under this agreement, including community facilities, community infrastructure, community services and residential housing.

7.1 Canada agrees to pay the entire cost of establishing and financing certain commercial enterprises for the Lubicon Nation in the vicinity of Lubicon Lake. Subject to the risk, contingency, and escalation factors provided for in Schedule 7, the amount payable by Canada to the Lubicon Nation for this purpose is a base amount of $6,320,503 (1996 $C).

7.2 Schedule 7 sets out the obligations of the parties and other terms of this agreement with respect to commercial enterprises to be financed under the agreement, including a general store, an eight unit motel with restaurant and coin laundry, a gravel crushing operation and a concrete batch plant.

8.1 Canada agrees to pay the entire cost of agricultural development projects for the Lubicon Nation in the vicinity of Lubicon Lake. Subject to the risk, contingency, and escalation factors provided for in Schedule 8, the amount payable by Canada to the Lubicon Nation for this purpose is a base amount of $26,985,624 (1996 $C).

8.2 Schedule 8 sets out the obligations of the parties and other terms of this agreement with respect to the Lubicon agricultural development projects to be financed by Canada under this agreement, including the clearing of reserve lands for agricultural purposes, construction of drainage and drainage systems for selected reserve lands, the development of grain and forage crops, the development of a wild rice crop, the development of a cow/calf herd and the construction of a large animal veterinary clinic and cattle slaughter house.

9.1 Canada agrees to pay the entire cost of an income and traditional culture support program ("Lubicon Trappers’ Support Program") designed to make it economically feasible for members of the Lubicon Nation to continue pursuing a traditional hunting, fishing and trapping way of life.

9.2 The Lubicon Trappers’ Support Program provided for hereunder shall be established immediately upon execution of this agreement.

9.3 All Lubicons who are at least eighteen (18) years of age and ordinarily resident in the Lubicon traditional lands are entitled to participate in and benefit from the Lubicon Trappers’ Support Program.

9.4 Any Lubicon who participates in the Lubicon Trappers’ Support Program shall be entitled to receive an amount equal to the greater of:

(a) the average daily amount which such Lubicon was able to earn in the bush by trapping in the winter trapping season of 1979-1980, adjusted to retain the same purchasing power in the year for which the support program payment is being calculated, less the average daily amount which such Lubicon is currently able to earn in the bush by trapping; and

(b) $50.00 per day for each day spent in the bush trapping, adjusted to retain the purchasing power of fifty 1988 dollars in the year for which the support program payment is being calculated, less any social assistance or old age security benefits payable to such Lubicon as an individual during the period of his participation in the Lubicon Trappers’ Support Program but without reduction for the amount, if any, of such benefits for which other members of the family of such Lubicon may qualify.

9.5 The Lubicon Trappers’ Support Program shall be administered by the Lubicon Nation.

9.6 At the beginning of each fiscal year, Canada shall provide the Lubicon Nation with an amount equal to the projected cost, including administrative costs, of operating the Lubicon Trappers’ Support Program for the coming year. The amount to be provided by Canada shall be adjusted and paid monthly throughout the ensuing trapping season, with additional payments to be made as required to take into account the actual cost of operating the program.

9.7 The Lubicon Nation shall furnish to Canada, on or before April 30 of each year, a report on the implementation of the Lubicon Trappers’ Support Program for the preceding fiscal year.

10.1 As compensation for the value of natural resources extracted from Lubicon traditional lands and for lost programs, benefits and services to the Lubicon Nation, Canada and Alberta shall each pay to the Lubicon Nation the amount of $60 million in accordance with this part.

10.2 Canada shall pay the amount of $60 million provided for in section 10.1 to the Lubicon Nation by ten annual instalments of $6 million with the first payment to be made on the date of execution of this agreement and each subsequent payment to be made on the anniversary date of its execution and with the amount of each payment to be adjusted by the percentage change in the consumer price index for the period from April 30, 1993 to the date on which the payment is due.

10.3 Alberta shall pay the amount of $60 million provided for in section 10.1 to the Lubicon Nation by ten annual instalments of $6 million with the first payment to be made on the date of execution of this agreement and each subsequent payment to be made on the anniversary date of its execution and with the amount of each payment to be adjusted by the percentage change in the consumer price index for the period from April 30, 1993 to the date on which the payment is due.

10.4 Overdue payments shall bear interest, compounded, and calculated semi-annually from the date on which any such payment was due at the bank rate at the end of the first day of the last month of the quarter preceding the quarter in which the payment in question was due rounded to the next higher whole number where the bank rate includes a fraction.

10.5 Neither the compensation itself nor capital accretions thereto nor income therefrom, including interest payable under section 10.4, shall be subject to taxation by Canada, Alberta or by any province or municipality.

11.1 The compensation payable hereunder shall be managed and administered by a non-profit corporation or trust (the "Lubicon investment corporation") under the control of the Lubicon Nation.

11.2 The members of the Lubicon investment corporation shall be the members of the Lubicon Nation.

11.3 The Lubicon investment corporation shall invest the compensation paid under Part 10 and, subject to this part, shall use or apply the income therefrom or capital accretions thereto only for community purposes or for the benefit of the Lubicon Nation or for other activities of general benefit to the Lubicons, including economic assistance to Lubicons to establish businesses or to undertake other entrepreneurial activities, or for the acquisition of reserve lands or related mines and minerals.

11.4 The capital of the corporation is to be preserved to generate interest and other investment income as well as accretions to capital, it being the intention that the purchasing power of the fund be maintained without dissipation or encroachment, so that the fund will serve as a continuing source of moneys for the Lubicon community in perpetuity.

11.5 There shall be no per capita distributions, directly or indirectly, by or through the Lubicon investment corporation.

11.6 The Lubicon investment corporation shall be established and its structure, powers and detailed functions determined by the Lubicon Nation, acting through its Chief and Council, within six months of the execution of this agreement.

11.7 Until the Lubicon investment corporation has been constituted and has assumed its functions, the fund established hereunder and any income therefrom or capital accretions thereto shall be managed and administered by the Lubicon Nation, acting through its Chief and Council, for the same purposes and subject to the same conditions and restrictions as would apply to the corporation or trust under this part.

11.8 Neither the compensation itself nor income therefrom nor capital accretions thereto, including interest payable under section 10.4, shall be subject to taxation in the hands of the Lubicon Nation or Lubicon investment corporation or, if distributed, in the hands of any Lubicon or the Lubicon Nation, by Canada, Alberta or by any province or municipality.

12.1 The Lubicon People are recognized and acknowledged by Canada and Alberta to have the right of self-determination and the right to exercise and maintain self-government.

12.2 The Government of the Lubicon Nation shall have jurisdiction over the Lubicon People and all of their affairs of state and in respect of all matters affecting the Lubicon reserves.

12.3 All laws and regulations and all governmental action of the Government of the Lubicon Nation shall be consistent with the principles expressed in the Canadian Charter of Rights and Freedoms.

12.4 The Government of the Lubicon Nation may, and shall have power and authority to, make laws for the good government and general welfare of the Lubicon Nation and People.

12.5 Subject to this agreement, in the case of conflict or inconsistency, laws enacted by the Government of the Lubicon Nation, including

(a) all laws of general application enacted to apply within Lubicon reserves;

(b) all laws enacted with respect to rights and interests in the lands, waters and resources of the Lubicons; and

(c) all laws enacted with respect to the administration, management and control of Lubicon reserves, including the lands, waters and resources of the Lubicons,

shall prevail over laws of Canada or Alberta.

12.6 The Lubicon Nation shall have control of the education, health and welfare of the Lubicon People.

12.7 Subject to this agreement, the Lubicon Nation shall administer, manage and control the lands and resources of the reserves.

12.8 Indian and aboriginal programs and services of Canada and Alberta shall be furnished to the Lubicons through the Lubicon Nation.

12.9 The Lubicon Nation acts through its Chief and Council and is represented in all dealings with Canada, Alberta, other First Nations, other governments and with all other authorities, persons or institutions by its Chief and Council.

12.10 Upon execution of this agreement, Canada and the Lubicon Nation shall forthwith enter into negotiations to conclude a Lubicon Self-Government Agreement, the terms of which shall provide for the powers described in and be generally consistent with the document entitled Government of the Lubicon Nation attached as Schedule 9.

12.11 The Lubicon Self-Government Agreement contemplated by section 12.10 shall be subject to formal ratification by both the Lubicon Nation and the Governor-General in Council and upon such ratification, Canada shall present and recommend to Parliament for enactment Lubicon self-government special legislation in the language and form of the Lubicon Self-Government Agreement or otherwise implementing the Lubicon Self-Government Agreement.

12.12 Subject to this agreement, to Treaty No. 8 and to the Constitution Act, 1982, until the special legislation provided for in section 12.10 is enacted and proclaimed in force, the provisions of Schedule 9 Government of the Lubicon Nation shall apply to the operations of government of the Lubicon Nation.

12.13 Nothing in this agreement regarding negotiation of the Lubicon Self-Government Agreement or the enactment of special self-government legislation shall be construed so as to abrogate or derogate from any existing or continuing aboriginal or treaty rights of the Lubicon Nation, the Lubicons or any other aboriginal peoples of Canada.

12.14 Neither the Lubicon Self-Government Agreement itself nor any special self-government legislation itself shall be construed so as to abrogate or derogate from any existing or continuing aboriginal or treaty rights of the Lubicon Nation, the Lubicons or any other aboriginal peoples of Canada.

13.1 Canada shall provide ongoing programs and services funding to the Lubicon Nation annually in an amount required to enable the Lubicon Nation to carry out, operate, and maintain the services, programs, facilities, governmental operations and administrative functions contemplated by or flowing from this agreement.

13.2 Upon execution of this agreement, Canada and the Lubicon Nation shall forthwith enter into negotiations to determine ongoing programs and services funding levels required by the Lubicon Nation, as well as the terms and conditions under which programs and services funding will be provided.

13.3 Subject to section 13.1, programs and services funding provided to the Lubicon Nation will be determined on a basis consistent with that used to determine the level of funding to all Indian bands or nations in the Alberta Region.

13.4 Capital funding for the projected five year community construction period has been provided for under Parts 6, 7 and 8 of this agreement and ongoing programs and services funding through that period shall not be reduced on the basis of any capital funding provided for in this agreement; however, after such five year period, capital funding for community construction shall be included in the funding contemplated in section 13.1.

13.5 Ongoing programs and services funding shall not be set off against or reduced on account of:

(a) compensation paid under Part 10;

(b) interest or other income earned on compensation, whether paid or earned pursuant to the provisions of Part 10, or otherwise;

(c) benefits accruing from existing rights, leases, licences and interests, as provided for in section 5.12 or section 5.14;

(d) capital accretions to any fund accumulated from compensation or interest paid under Part 10 or accumulated from benefits accruing from existing rights, leases, licences and interests as provided for in section 5.12 or section 5.14; or

(e) income earned or capital generated by the Lubicon investment corporation whether held by the corporation or distributed by the corporation.

13.6 The ongoing programs and services funding shall be provided by Canada to the Lubicon Nation by way of annual grants.

13.7 Programs and services funding to the Lubicon Nation shall be adjusted annually to include operation and maintenance for capital facilities constructed under this agreement.

13.8 Annual provision shall be made in ongoing programs and services funding arrangements to include new programs and services provided to Indians by Canada.

13.9 Funding terms and conditions negotiated between Canada and the Lubicon Nation shall include minimum standards to be met by the Lubicon Nation for the delivery of programs and services and for reporting and accounting requirements in respect of federally provided funds.

13.10 Subject to section 13.9, the Lubicon Nation shall have full control of grant funding and shall have the discretion to allocate such funding in accordance with Lubicon Nation priorities. Specifically, the Lubicon Nation may transfer programs and services funds, other than capital funds, from one program or service to another.

14.1 Canada and Alberta shall set aside a fund of $5 million for costs, expenses and other liabilities incurred by the Lubicon Nation for the preparation, research, development, litigation, negotiation and pursuit of its land rights and claims.

14.2 The disbursement of the fund to satisfy claims against it for costs, expenses and other liabilities shall be under the control and direction of the Lubicon Nation and subject to such proof or accountings as the Lubicon Nation may consider to be appropriate in the circumstances, with any portion not disbursed by {___ DATE TO BE INSERTED___} to be returned to Canada and Alberta.

14.3 Canada also forgives any loans made by it to the Lubicon Nation prior to the date of this agreement in connection with the land rights and claims of the Lubicon Nation.

14.4 The total amount of $5 million referred to in section 14.1 shall be set aside by Canada and Alberta, in trust for the Lubicon Nation, upon the execution of this agreement.

15.1 The parties shall use their best efforts to ensure full implementation and performance of this agreement and the realization of its objectives from its date of execution and shall, upon the request in writing of any of the parties, meet to review the implementation and performance of this agreement and to determine any remedial measures required to attain its objectives.

16.1 The provisions of this part apply to the resolution and determination of all disputes arising between Canada and the Lubicon Nation with respect to the interpretation, implementation or performance of all, or any part of, this agreement.

16.2 All disputes under or with respect to this agreement shall be resolved or determined through binding arbitration by an independent three person tribunal established pursuant to this agreement. Such a tribunal or tribunals shall be convened from time to time and consist of members with credentials appropriate for deciding the matter at issue with appropriateness of credentials to be determined solely by the appointing party.

16.3 Upon either party’s notifying the other party that it wishes to submit any matter in dispute to arbitration, each party shall, within fifteen days of such notice, appoint one representative to act as a member of the tribunal. The party seeking arbitration by the tribunal shall forthwith also notify the Canadian Council of Churches of the matter to be decided and the Canadian Council of Churches shall, within fifteen days of receiving notice, appoint a third person to be a member of the tribunal. The three members so appointed shall comprise the tribunal.

16.4 Should either of the parties to the dispute fail to appoint a representative within the prescribed fifteen day period, the issue shall be decided by default in favour of the other party. Should the Canadian Council of Churches fail to appoint a representative within the prescribed fifteen day period, the tribunal shall not be convened until the representative of the Canadian Council of Churches is appointed.

16.5 The tribunal shall have the power to make interim decisions necessary to enable the Lubicons to fulfill contractual obligations required to complete a construction or other project or any part thereof and to meet time frames for completion of construction.

16.6 Canada shall pay forthwith all amounts it is directed to pay by any interim or final decision of the tribunal. In addition Canada shall pay interest on any such awards at the bank rate at the time the award is made plus three per cent per year from the date such award is made until the date of payment and shall be liable for any losses incurred by the Lubicons as a result of Canada’s failing to pay in a timely way any amounts awarded by the tribunal. Any dispute over the issue of such losses shall be referred to the tribunal for decision.

16.7 All expenses of the Lubicons and the tribunal with respect to arbitration of any matter in dispute shall be paid by Canada, including related travel and accommodation expenses, fees paid to tribunal representatives, consultant fees and disbursements and solicitor or counsel fees and disbursements.

16.8 The tribunal has exclusive jurisdiction to examine into, hear and determine all matters and questions arising under this agreement and as to any matter or thing in respect of which any power, authority or discretion is conferred upon it, and the action or decision of the tribunal thereon is binding, final, conclusive and non-appealable and is not open to question or review in any court, and no proceeding by or before the tribunal shall be restrained by injunction, prohibition or other process or procedure in any court or be removable by application for judicial review or otherwise into any court.

17.1 This agreement shall be submitted to the Lubicons for their approval and ratification either prior to its execution or within sixty days of its having been executed.

17.2 This agreement shall be submitted to both the Federal Cabinet and to the Alberta Cabinet for ratification by Order-in-Council within sixty days of its having been executed.