Bill 875 — Abitibi-Consolidated Rights and Assets Act (46th General Assembly, 1st Session)

Bill 875

Newfoundland and Labrador — Bills

75 First Session, 46th General Assembly 57 Elizabeth II, 2008 BILL 75

AN ACT TO RETURN TO THE CROWN CERTAIN RIGHTS RELATING TO TIMBER AND WATER USE VESTED IN ABITIBI-CONSOLIDATED AND TO EXPROPRIATE ASSETS AND LANDS ASSOCIATED WITH THE GENERATION OF ELECTRICITY ENABLED BY THOSE WATER USE RIGHTS Received and Read the First Time ................................................................ Second Reading ............................................................................................ Committee.....................................................................................................

Third Reading ............................................................................................... Royal Assent ................................................................................................. HONOURABLE KATHY DUNDERDALE Minister of Natural Resources Ordered to be printed by the Honourable House of Assembly

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 2 EXPLANATORY NOTES The purpose of the Bill is set out in the

Long Title.

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 3 A BILL

AN ACT TO RETURN TO THE CROWN CERTAIN RIGHTS RELATING TO TIMBER AND WATER USE VESTED IN ABITIBI-CONSOLIDATED AND TO EXPROPRIATE ASSETS AND LANDS ASSOCIATED WITH THE GENERATION OF ELECTRICITY ENABLED BY THOSE WATER USE RIGHTS Analysis 1.

Short title 2.

Definitions 3. Timber licences 4. Water rights 5. Expropriation of land and assets 6. Expropriation of easements 7. Agreements revoked 8. Pulp and Paper Act Repeal 9. Action discontinued 10. No compensation 11. No liability 12. Right-of-way 13. Liability of Abitibi- Consolidated 14. Licences

Schedule A

Schedule B

Schedule C

Schedule D

Schedule E

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: 1. This Act may be cited as the Abitibi-Consolidated Rights and Assets Act. 2. In this Act (a) "Abitibi-Consolidated" means Abitibi-Consolidated Com- pany of Canada Inc., a corporation incorporated under the laws of the Province of Quebec; Abitibi-Consolidated Inc., a corporation incorporated under the laws of Canada; Abitibi- Bowater Canada Inc., a corporation incorporated under the laws of Canada; and includes all subsidiaries, affiliates and

Short title

Definitions

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 4 parent companies of them, and partnerships composed of a combination of them; (b) "assets" means machinery, equipment, devices, apparatus and things used in the generation and transmission of electri- cal power and includes personal property as defined in the Personal Property Security Act , and all interests in the as- sets; (c) "lands" includes buildings, structures, erections, works, plant, equipment, machinery an d fixtures erected or placed in, over, under or affixed to land, including land covered by water used in the generation and transmission of electrical power; and (d) "person" includes an individual, body corporate, partnership, association and a trustee, execu tor, administrator or legal representative of a person. 3.

The timber rights and rights to lands currently held by Abitibi- Consolidated referred to in Sc hedule A are cancelled and the rights granted under them revert to the Crown. 4. The water use rights referred to in

Schedule B are cancelled and the rights granted under them revert to the Crown. 5.

(1) The right, title and interest in all the lands referred to in

Schedule C are expropriated on behalf of the Crown.

(2) The right, title and interest in all assets located on the lands described in

Schedule C are expropriated to the Crown.

(3) All right, title and interest in the lands and assets expropri- ated by virtue of this

section vest in the Crown, free and clear of all encumbrances, liens, charges, rights , claims or interests whatsoever, and whether legal, equitable, real or personal and without further act, conveyance or deed, for the use and benefit absolutely of the Crown. 6. The easements referred to in

Schedule D are vested in the Crown and title to the assets located on them relating to transmission lines, including poles, guys, wires, anchors, foundations, cribs, conduc- tors, cross-arms and insulators, and all associated facilities and im- provements, is expropriated on behalf of the Crown. Timber licences Water rights Expropriation of land and assets Expropriation of easements

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 5 7.

(1) The agreements referred to in

Schedule E are revoked.

(2) The province's covenants, representations, undertakings, obligations, duties and liabilities under the "Crown and ACCC Consent and Acknowledgement Agreement (Charter Lease and Bishop's Falls Water Power Lease)" dated 2 August 2002 between the Exploits River Hydro Partnership, Clarica Life Insurance Company, Abitibi- Consolidated Company of Canada, Abitibi-Consolidated Inc., and the Crown, are terminated. 8.

(1) The Pulp and Paper Act , the Act Cap. 10 5 Ed. VII (1905), is repealed.

(2) The Charter lease, dated Janua ry 12, 1905 and included as a

Schedule to the Pulp and Paper Act, is revoked.

(3) All lands, water and rights granted under the Pulp and Paper Act and the Charter lease included as a

Schedule to that Act, currently held by Abitibi-Consolidated revert to and become the property of the Crown. 9. The action between Abitibi-Consolidated Inc. and Abitibi- Consolidated Company of Canada and Her Majesty in Right of New- foundland and Labrador, reference: 2003 01T No.2113 is discontinued without costs. 10.

(1) A person is not entitled to compensation or damages from the Crown or a minister, employee or agent of the Crown arising from, resulting from or incidental to the operation of this Act.

(2) Abitibi-Consolidated and all other persons affected by the operation of

Schedule C shall be paid the compensation that may be determined by the method the Lieutenant-Governor in Council may determine as a result of the expropri ation of the lands and assets under this Act. 11. An action or proceeding does not lie or shall not be instituted or continued against the Crown or a minister, employee or agent of the Crown based on a cause of action arising from, resulting from or inci- dental to the operation of this Act. 12.

Where access to lands or assets ex propriated by this Act cannot reasonably be obtained except through lands vested in Abitibi- Consolidated or another person, the Crown, or a person acting on be- Agreements re- voked Pulp and Paper Act Repeal Action discontinued No compensation No liability Right-of-way

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 6 half of the Crown or a person to whom the Crown conveys lands or assets expropriated by this Act, is entitled to the right-of-way that may be reasonably necessary for the utili zation of the lands and assets for the continued generation of electricity. 13. Nothing in this Act affects the liability of Abitibi-Consolidated related to undertakings made by it in relation to environmental reme- diation. 14.

The Lieutenant Governor in Council shall have the right to issue a license or other permission to a person for the occupation, use, access to or another right to one or more of the rights expropriated to the Crown, or reverting to the Crown, under this legislation, on the terms and conditions that it sees fit. Liability of Abitibi- Consolidated Licences

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 7

Schedule A Timber Rights and Rights to Lands 1. 999 year lease (acquired from Newfoundland Pine and Pulp Company in 1907), Volume 2, Folio 197 - 1,619 ha 2. Non-Renewable Licenses (expires in 2010) - 965,585 ha VOL. FOLIO TL 2 112 TL 2 114 Lot 2 TL 2 115 TL 2 108 TL 2 109 TL 2 111 TL 2 107 TL 2 106 TL 2 117 TL 2 113 TL 2 116 TL 2 110 TL 2 118 TL 2 114 SG 2 201 SG 2 43 Lot 1 SG 2 43 Lot 2 SG 2 139 Lot 1 SG 2 139 Lot 2 SG 2 139 Lot 3 SG 2 139 Lot 4 SG 2 139 Lot 5 RSNL1990 cF-23 s13.1 SG 2 139 Lot 6 TL 5 223 5 11 SG 2 293 Lot 4 TL 5 311 5 101 SG 2 417 Lots 1-5 TL 7 356 7 5 Lot 1 TL 7 356 7 5 Lot 2 TL 7 356 7 5 Lot 3 TL 7 356 TL 5 223 5 8 SG 2 403 TL = Timber Licence SG = Special Grant

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 8 3. Private Reid Lots 51, 58, 59, 63, 65, 227, 228, 229, 230, 231, 232, 233, 234, 235, 237, 247 - 111,163 ha VOL. FOLIO 51 71 43 58 71 44 59 71 45 63 71 46 65 71 47 227 71 127 228 71 128 229 71 129 VOL. FOLIO 230 71 130 231 71 131 232 71 132 233 71 133 234 71 134 235 71 135 237 71 136 247 71 146 4. Crown Reid Lots 90, 94, 95, 96, 241, 242, 245, 246 - 72,782 ha VOL. FOLIO 90 71 68 94 71 71 95 71 72 96 71 73 241 71 140 242 71 141 245 71 144 246 71 145 5. Special Leases/Grants - 725 ha VOL. FOLIO 3 41 2 307 2 311

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 9

Schedule B Water Use Rights 1. Water Use Licence No. WUL- 02-044 issued by the Minister of Environment to Abitibi-Consolidated Company of Can- ada dated 01 August 2002. 2. Water Use Licence No. WUL- 02-045 issued by the Minister of Environment to Abitibi-Consolidated Company of Can- ada dated 01 August 2002. 3. Crown Grant No. 55 dated April 26, 1907 registered at Vol- ume 2, Folio 55 (Special Grants) issued by the Government of Newfoundland to Newfoundland Pine and Pulp Company Limited. 4. Water Use Licence No.

WUL- 04-036 issued by the Minister of Environment and Conservation to the Star Lake Hydro Partnership, Abitibi-Consolidated Company of Canada, for- merly Abitibi-Consolidated In c., and CHI Hydroelectric Company Inc. 5.

Final Water Power Licence issued May 9, 2001 between Her Majesty the Queen in right of Newfoundland, as represented by the Minister of Government Services and Lands and Star Lake Hydro Partnership a general partnership organized and existing under the laws of the Province of Newfoundland, comprised of and acting by its sole partners, Abitibi- Consolidated Inc. and CHI Hydroelectric Company, Inc., in- cluding its lawful successors and permitted assigns at any time. 6.

The agreement entered into between the Crown and Robert Gillespie Reid dated May 7, 1904, Crown Grant No. 51R, is amended by striking out, wher ever they occur, the words "water-courses". 7. Deed of Conveyance to George J. Baker, Grant No. 19, dated 18 July 1905 [ff. 19-23, Crown Lands Registry]. 8. All that piece or parcel of land situate and being at Grand Falls, NL and being bounded and abutted as follows:

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 10 Beginning at a point having scaled map coordinates of North 5 420740 meters and East 329 105 metres of the three degree modified transverse mercator projection for the province of NL.

Thence North sixty one (61) degrees five (5) minutes West, one hundred sixteen (116) metres Thence North thirty (30) degrees twenty one (21) minutes West, one hundred seventy eight (178) metres Thence North fifteen (15) degrees seventeen (17) minutes West, one hundred thirty one (131) metres Thence North eleven (11) degr ees fifty three (53) minutes West, one hundred fifty four (154) metres Thence North eight (8) degrees fi fty five (55) minutes West, seventy one (71) metres Thence North twenty five (25) degrees forty four (44) min- utes East, forty three (43) metres Thence North forty three (43) degrees forty (40) minutes East, forty two (42) metres Thence North twenty two (22) degrees one (1) minute West, one hundred forty eight (148) metres Thence North sixteen (16) degrees forty eight (48) minutes West, one hundred twenty eight (128) metres Thence North eighty eight (88) degrees twenty one (21) minutes East, seventy two (72) metres Thence South seventy three (73) degrees five (5) minutes East, three hundred forty seven (347) metres Thence South six (6) degrees fifty six (56) minutes East, one hundred five (105) metres Thence South five (5) degrees fifty (50) minutes West, one hundred twenty five (125) metres

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 11 Thence South one (1) degree forty two (42) minutes East, one hundred fourty (140) metres Thence South nine (9) degrees fifty four (54) minutes West, one hundred twenty one (121)metres Thence South six (6) degrees twelve (12) minutes East, sev- enty (70) metres Thence South five (5) degrees twenty one (21) minutes East, forty four (44) metres Thence South thirty (30) degrees forty five (45) minutes East, sixty four (64) metres Thence South eighteen (18) de grees fifteen (15) minutes East, thirty (30) metres Thence South ten (10) degrees three (3) minutes West, thirty one (31) metres, Thence North eighty nine (89) degrees fifty one (51) minutes East, one hundred fifty four (154) metres Thence North seventy one (71) degrees fifty three (53) min- utes East, eighty (80) metres Thence North eighty two (82) degrees thirty two (32) min- utes East, one hundred seventeen (117) metres Thence North eighty two (82) degrees four (4) minutes East, eighty five (85) metres Thence North fifty seven (57) degrees eighteen (18) minutes East, sixty seven (67) metres Thence North fifty three (53) degrees twenty one (21) min- utes East, thirty seven (37) metres Thence North twelve (12) degrees nineteen (19) minutes East, sixty one (61)metres

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 12 Thence South seventy three (73) degrees eighteen (18) min- utes East, fourteen (14) metres Thence South eleven (11) degrees forty minutes

(40) West, sixty five (65) metres Thence South fifty three (53) degrees forty eight (48) min- utes West, thirty five (35) metres Thence South fifty six (56) degrees fifty three (53) minutes West, seventy six (76) metres Thence South eighty (80) degrees forty nine (49) minutes West, ninety one (91) metres Thence South eighty three (83) degrees zero (0) minutes West, one hundred thirteen (113) metres Thence South seventy three (73) degrees twenty nine (29) minutes West, eighty five (85) metres Thence South eighty eight (88) degrees eleven (11) minutes West, one hundred sixty one (161) metres Thence South sixty three (63) degrees fifty one (51) minutes West, one hundred twenty seven (127) metres to the point of beginning and containing an area of 26.76 hectares, more or less.

All bearing being referred to the meridian of 56 degrees west longitude, zone 2, NAD 83 projection.

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 13

Schedule C Property A Millertown Dam All that piece or parcel of land situ ated and being at the eastern end of Red Indian Lake beginning at a point having scaled map coordinate values N 5403119 E 260905. Thence S 60-03 E a distance of 186 meters; Thence S 29-56 W a distance of 423 meters; Thence N 60-03 W a distance of 186 meters; Thence N 29-56 E a distance of 423 meters to the principal point of beginning containing an area of 7.85 hectares more or less. All bearings are referred to the meridian of 56 degrees west longitude of the Three Degree Transverse Mercator Projection, Zone 2, NAD83.

Property B Bishop's Falls Power House All that piece or parcel of land situ ated and being at Bishop's Falls be- ginning at a point having scaled map coordinate values N 5433750 E 124305. Thence S 33-41 W a distance of 390 meters; Thence N 51-26 W a distance of 489 meters; Thence N 38-32 E a distance of 130 meters; Thence N 10-39 E a distance of 50 meters; Thence N 68-23 E a distance of 20 meters; Thence S 20-02 E a distance of 19 meters; Thence S 75-55 E a distance of 498 meters to the principal point of beginning containing an area of 13.65 hectares more or less.

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 14 All bearings are referred to the meridian of 56 degrees west longitude of the Three Degree Transverse Mercator Projection, Zone 2, NAD83. Property C Buchans - Upper Dam All that piece or parcel of land situ ate and being at Buchans Lake, NL. and being bounded and abutted as follows: Beginning at a point having scaled map coordinates of North 5 411 346 metres and East 241 963 metres of the three degree modified transverse mercator projection for the Province of NL.

Thence, North eighty (80) degrees thirty (30) minutes East, one hun- dred (100) metres Thence, South zero nine (09) degrees East, twenty-three (23) metres Thence, South eighty (80) degrees thirty (30) minutes West, one hun- dred (100) metres Thence, North zero nine (09) degrees West, twenty-three (23) metres, more or less, to the point of beginning and containing an area of 0.23 hectares, more or less. All bearings being referred to the meridian of 56 degrees west longi- tude, zone 2 NAD 83 projection.

Property D Buchans Dam, intake, penstock, power plant All that piece or parcel of land situ ate and being at Buchans, NL. and being bounded and abutted as follows: Beginning at a point having scaled map coordinates of North 5 409 581 metres and East 243 766 metres of the three degree modified transverse mercator projection for the Province of NL. Thence, North fifty-eighty (58) degrees thirty-eight (38) minutes West, fifty-eight decimal four nine (58.49) metres Thence, North thirty-two (32) degrees thirteen (13) minutes East, eight- een decimal nine three (18.93) metres

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 15 Thence, North fifty-five (55) degrees fifteen (15) minutes West, thirty- one decimal seven five (31.75) metres Thence, South fifty-eight (58) degrees zero seven (07) minutes West, twenty-three decimal zero zero (23.00) metres Thence, South thirty-two (32) degrees zero two (02) minutes West, two hundred and sixty-five decimal six five (265.65) metres Thence, North seventy-three (73) degrees fifty-eight (58) minutes West, twenty decimal two two (20.22) metres Thence, North thirty-two (32) degrees zero six (06) minutes East, two hundred and ninety-three decimal two seven (293.27) metres Thence, North fifty-five (55) degrees fourteen (14) minutes West, one thousand one hundred and sixty-two decimal eight seven (1162.87) metres Thence North thirty-four (34) degrees thirty-four (34) minutes West, three hundred and sixty-three decimal three eight (363.38) metres Thence, North thirty-nine (39) degrees forty-four (44) minutes West, one hundred and sixteen decimal eight three (116.83) metres Thence, South seventy-one (71) degrees zero eight (08) minutes West, Seventy-three decimal zero four (73.04) metres Thence, North thirty (30) degrees forty-six (46) minutes West, forty- five decimal six four (45.64) metres Thence, North sixty-one (61) degrees seventeen (17) minutes East, one hundred and twenty-one decimal zero eight (121.08) metres Thence, South forty-eight (48) degrees forty-six (46) minutes East, fifty-six decimal eight three (56.83) metres Thence, South fifty-five (55) degr ees forty-five (45) minutes West, thirty-six decimal seven seven (36.77) metres Thence, South thirty-nine (39) degrees forty-four (44) minutes East, one hundred and twelve decimal eight seven (112.87) metres

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 16 Thence, South thirty-eight (38) degrees twenty-two (22) minutes East, zero decimal five eight (0.58) metres Thence, South thirty-six (36) degrees fourteen (14) minutes East, zero decimal seven nine (0.79) metres Thence, South thirty-four (34) degrees thirty-two (32) minutes East, three hundred and fifty-eight decimal five eight (358.58) metres Thence, South fifty-five (55) degrees sixteen (16) minutes East, one thousand two hundred and seventy-eight decimal zero two (1278.02) metres Thence, South thirty-four (34) degrees forty-three (43) minutes West, forty-six decimal zero one (46.01) metres Thence, North fifty-six (56) degrees twenty (20) minutes West, zero decimal three four (0.34) metres, more or less, to the point of beginning and containing an area of 6.67 hectares, more or less.

All bearings being referred to the meridian of 56 degrees west longi- tude, zone 2 NAD 83 projection. Property E Goodyears Dam - Exploits River All that piece or parcel of land situ ated and being at Grand Falls begin- ning at a point having scaled map coordinate values N 5421555 E 326559.

Thence Due East a distance of 59 meters; Thence Due South a distance of 290 meters; Thence S 36-42 W a distance of 160 meters; Thence S 88-50 W a distance of 69 meters; Thence N 39-06 E a distance of 167 meters; Thence Due North a distance of 290 meters to the principal point of beginning containing an area of 2.52 hectares more or less.

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 17 All bearings are referred to the meridian of 56 degrees west longitude of the Three Degree Transverse Mercator Projection, Zone 2, NAD83. Property F First Falls - Exploits River All that piece or parcel of land situate and being at Grand Falls, NL and being bounded and abutted as follows: Beginning at a point having scaled map coordinates of North 5 422 212 meters and East 328 418 metres of the three degree modified transverse mercator projection for the province of NL.

Thence North thirty six (36) degrees zero (0) minutes East, four hun- dred thirty one (431) metres Thence South seventy eight (78) degrees ten (10) minutes East, two hundred ninety three (293) metres Thence South thirty six (36) degrees zero (0) minutes West, five hun- dred sixty five (565) metres Thence North fifty (50) degrees forty nine (49) minutes West, two hun- dred sixty seven (267) metres to the point of beginning and containing an area of 13.28 hectares, more or less. All bearing being referred to the meridian of 56 degrees west longitude, zone 2, NAD 83 projection.

Property G Grand Falls Power Plant All that piece or parcel of land situate and being at Grand Falls, NL and being bounded and abutted as follows: Beginning at a point having scaled map coordinates of North 5 420740 meters and East 329 105 metres of the three degree modified transverse mercator projection for the province of NL. Thence North sixty one (61) degrees five (5) minutes West, one hun- dred sixteen (116) metres

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 18 Thence North thirty (30) degrees tw enty one (21) minutes West, one hundred seventy eight (178) metres Thence North fifteen (15) degrees seventeen (17) minutes West, one hundred thirty one (131) metres Thence North eleven (11) degrees fi fty three (53) minutes West, one hundred fifty four (154) metres Thence North eight (8) degrees fifty five (55) minutes West, seventy one (71) metres Thence North twenty five (25) degrees forty four (44) minutes East, forty three (43) metres Thence North forty three (43) degrees forty (40) minutes East, forty two (42) metres Thence North twenty two (22) degrees one (1) minute West, one hun- dred forty eight (148) metres Thence North sixteen (16) degrees forty eight (48) minutes West, one hundred twenty eight (128) metres Thence North eighty eight (88) degree s twenty one (21) minutes East, seventy two (72) metres Thence South seventy three (73) degrees five (5) minutes East, three hundred forty seven (347) metres Thence South six (6) degrees fifty six (56) minutes East, one hundred five (105) metres Thence South five (5) degrees fifty (50) minutes West, one hundred twenty five (125) metres Thence South one (1) degree forty two (42) minutes East, one hundred fourty (140) metres Thence South nine (9) degrees fifty four (54) minutes West, one hun- dred twenty one (121)metres

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 19 Thence South six (6) degrees twelve (12) minutes East, seventy (70) metres Thence South five (5) degrees twenty one (21) minutes East, forty four (44) metres Thence South thirty (30) degrees forty five (45) minutes East, sixty four (64) metres Thence South eighteen (18) degrees fi fteen (15) minutes East, thirty (30) metres Thence South ten (10) degrees three (3) minutes West, thirty one (31) metres, Thence North eighty nine (89) degrees fifty one (51) minutes East, one hundred fifty four (154) metres Thence North seventy one (71) degrees fifty three (53) minutes East, eighty (80) metres Thence North eighty two (82) degrees thirty two (32) minutes East, one hundred seventeen (117) metres Thence North eighty two (82) degrees four (4) minutes East, eighty five (85) metres Thence North fifty seven (57) degrees eighteen (18) minutes East, sixty seven (67) metres Thence North fifty three (53) degrees twenty one (21) minutes East, thirty seven (37) metres Thence North twelve (12) degrees nineteen (19) minutes East, sixty one (61)metres Thence South seventy three (73) degrees eighteen (18) minutes East, fourteen (14) metres Thence South eleven (11) degrees forty minutes

(40) West, sixty five (65) metres

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 20 Thence South fifty three (53) degrees forty eight (48) minutes West, thirty five (35) metres Thence South fifty six (56) degrees fifty three (53) minutes West, sev- enty six (76) metres Thence South eighty (80) degrees forty nine (49) minutes West, ninety one (91) metres Thence South eighty three (83) degrees zero (0) minutes West, one hundred thirteen (113) metres Thence South seventy three (73) degrees twenty nine (29) minutes West, eighty five (85) metres Thence South eighty eight (88) degrees eleven (11) minutes West, one hundred sixty one (161) metres Thence South sixty three (63) degrees fifty one (51) minutes West, one hundred twenty seven (127) metres to the point of beginning and con- taining an area of 26.76 hectares, more or less.

All bearing being referred to the meridian of 56 degrees west longitude, zone 2, NAD 83 projection. Property H North Twin Lake Control Structure All that piece or parcel of land situat e and being at the southern end of North Twin Lake, north of Badger, abutted and bounded as follows, that is to say: Beginning at a point having scaled map co-ordinates of N 5452161m and E 307921m; Thence North fifty six (56) degrees West one hundred eighty (180) meters; Thence North forty three (43) degrees East, eighty (80) meters; Thence South fifty six (56) degrees East, one hundred eighty (180) me- ters;

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 21 Thence South forty three(43) degrees West, eighty (80) meters to the principal point of beginning, containing an area of 1.4 hectares, more or less. All bearings are referred to the meridian of 56 degrees west longitude of the Three Degree Transverse Mercator Projection (NAD 83).

Property I South Twin River Control Structure All that piece or parcel of land situate and being at the southwestern end of South Twin Lake, north of Badger, abutted and bounded as fol- lows, that is to say: Beginning at a point having scaled map co-ordinates of N 5449772m and E 310450m; Thence North thirty (30) degrees West one hundred fifteen (115) me- ters; Thence North fifty eight (58) degrees East, forty five (45) meters; Thence South thirty (30) degrees East, one hundred fifteen (115) me- ters; Thence South fifty eight (58) degrees West, forty five (45) meters to the principal point of beginning, cont aining an area of 0.52 hectares, more or less.

All bearings are referred to the meridian of 56 degrees west longitude of the Three Degree Transverse Mercator Projection (NAD 83). Property J Trouble Pond Control Structure All that piece or parcel of land situate and being at the southwestern end of Trouble Pond, north of Badger, abutted and bounded as follows, that is to say: Beginning at a point having scaled map co-ordinates of N 5449327m and E 309229m; Thence North seventy four (74) degrees East seventy (70) meters;

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 22 Thence South twenty (20) degrees East, one hundred sixty (160) me- ters; Thence South seventy four (74) degrees West, seventy (70) meters; Thence North twenty (20) degrees West, one hundred sixty (160) me- ters to the principal point of beginning, containing an area of 1.1 hec- tares, more or less. All bearings are referred to the meridian of 56 degrees west longitude of the Three Degree Transvesre Mercator Projection (NAD 83).

Property K Rocky Pond Control Structure All that piece or parcel of land situate and being at the southwestern end of Rocky Pond, north of Badger, abutted and bounded as follows, that is to say: Beginning at a point having scaled map co-ordinates of N 5446884m and E 305342m; Thence North forty four(44) degrees East seventy five (75) meters; Thence South forty five (45) degrees East, three hundred thirty (330) meters; Thence South forty four( 44) degrees West, seventy five (75) meters; Thence North forty five (45) degrees West, three hundred thirty (330) meters to the principal point of beginning, containing an area of 2.5 hectares, more or less.

All bearings are referred to the meridian of 56 degrees west longitude of the Three Degree Transverse Mercator Projection.(NAD 83) Property L Long Lake Control Structure All that piece or parcel of land situate and being at Long Lake, NL. and being bounded and abutted as follows:

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 23 Beginning at a point having scaled map coordinates of North 5 366 663 metres and East 222 813 metres of the three degree modified transverse mercator projection for the Province of NL. Thence, South twenty (20) degrees East, fifty-eight (58) metres Thence, South seventy-two (72) degrees West, forty (40) metres Thence, North twenty (20) degrees West, fifty-eight (58) metres Thence, North seventy-two (72) degrees East, forty (40) metres, more or less, to the point of beginning and containing an area of 0.23 hec- tares, more or less.

All bearings being referred to the meridian of 56 degrees west longi- tude, zone 2 NAD 83 projection. Property M Star Lake Control Structure All that piece or parcel of land situ ate and being at Star Lake, NL and being bounded and abutted as follows: Beginning at a point having scaled map coordinates of North 5 377 500 meters and East 205 522 metres of the three degree modified transverse mercator projection for the province of NL.

Thence North eighty seven (87) degrees zero (0) minutes East, four hundred and ten (410) metres Thence South three (3) degrees thirty (30) minutes East, one hundred and eighty five (185) metres Thence South eighty seven (87) degrees zero (0) minutes West, four hundred and ten (410) metres Thence North three (3) degrees thirty (30) minutes West, one hundred and eighty five (185) metres to the point of beginning and containing an area of 7.56 hectares, more or less. All bearing being referred to the meridian of 56 degrees west longitude, zone 2, NAD 83 projection.

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 24 Property N Star Lake Power Plant All that piece or parcel of land s ituate and being at Star Brook, Red Indian Lake, NL and being bounded and abutted as follows: Beginning at a point having scaled map coordinates of North 5 379 888 meters and East 215 747 metres of the three degree modified transverse mercator projection for the province of NL.

Thence North nineteen (19) degrees zero (0) minutes West, one thou- sand (1000) metres Thence North sixty eight (68) degrees zero (0) minutes East, two hun- dred and forty (240) metres Thence South nineteen (19) degrees zero (0) minutes East, one thou- sand (1000) metres Thence South sixty eight (68) degrees zero (0) minutes West, two hun- dred and forty (240) metres to the point of beginning and containing an area of 23.89 hectares, more or less. All bearing being referred to the meridian of 56 degrees west longitude, zone 2, NAD 83 projection.

Property O Crown Grant 41896 Property P Crown Grant 41897 Property Q Final Water Power Licence Final Water Power Licence issued May 9, 2001 between Her Majesty the Queen in right of Newfoundland, as represented by the Minister of Government Services and Lands and Star Lake Hydro Partnership a general partnership organized and existing under the laws of the Prov- ince of Newfoundland, comprised of and acting by its sole partners, Abitibi-Consolidated Inc. and CHI Hydroelectric Company, Inc., in- cluding its lawful successors and permitted assigns at any time.

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 25

Schedule D Property A Transmission Line from Bishop's Falls - Grand Falls

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 26

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2008 Abitibi-Consolidated Rights and Assets Act Bill 75 40 meters, thence north eighty one degrees fifty minutes twelve seconds west for forty nine decimal zero four seven meters, thence north sixteen degrees thirty nine minutes zero six seconds east for twelve decimal five seven one meters, thence north fifty two degrees thirty eight minutes fifty eight seconds east for eight decimal four two one meters, thence south thirty seven degrees, seventeen minutes thirty two seconds east for thirteen decimal seven six eight meters, thence north fifty three degrees, twelve minutes twenty six seconds east for sixteen decimal nine five four meters, to point of beginning and containing an area of 52.952 hectares.

All bearing are referred to Grid North (Zone 2 NAD83). Property B Easement No. 111480

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 41

Schedule E 1. The "Acknowledgement and Consent Agreement (Water Use Authorization)" dated 24 April 1997 between the Star Lake Hydro Partnership, the Mutual Life Assurance Com- pany of Canada; and the Crown, and all amendments includ- ing the Supplementary Acknowledgement - Crown Water Use Authorization dated 9 May 2001 and assignments of them; 2.

The "Acknowledgement and Consent Agreement (Crown Water Power Licence)" dated 24 April 1997 between the Star Lake Hydro Partnership, the Mutual Life Assurance Company of Canada; and the Crown, and all amendments including the Supplementary Acknowledgement - Crown Water Power License dated 9 May 2001 and assignments of it; 3. The "Hydro Consent and Acknowledgement Agreement" dated 31 July 2002 between the Exploits River Hydro Part- nership, Clarica Life Insurance Company, and Newfound- land and Labrador Hydro and assignments of it. 4.

The "Agreement for the Purchase and Sale of Power and Energy" dated 18 September 2001 between Abitibi- Consolidated Inc. and Newfoundland and Labrador Hydro, and all amendments, including the Assignment dated 31 July 2002 between Exploits River Hydro Partnership, Abitibi- Consolidated Inc. and Newfoundland and Labrador Hydro, and assignments of them; 5.

The "Restated Agreement for Non-Utility Generated Power and Energy" dated 24 April 1997 between Abitibi-Price Inc. and Newfoundland and Labrador Hydro, and all amend- ments, including the Assignment dated 24 April 1997 be- tween the Star Lake Hydro Partnership, Abitibi-Price Inc. and Newfoundland and Labrador Hydro, and assignments of them; 6. The "Acknowledgement and Consent Agreement" dated 25 April 1997 between the Star Lake Hydro Partnership, the Mutual Life Assurance Company of Canada; and Newfound-

2008 Abitibi-Consolidated Rights and Assets Act Bill 75 42 land and Labrador Hydro, and all amendments and assign- ments of it; 7. The Acknowledgement - Power Purchase Agreement" dated 24 April 1997 between the Mutual Life Assurance Company of Canada, in its own right and as agents for the Canada Life Assurance Company, the Maritime Life Assurance Com- pany, Sun Life Assurance Company of Canada, the Standard Life Assurance Company and Industrial-Alliance Life Insur- ance Company, the Star Lake Hydro Partnership, and New- foundland and Labrador Hydro, and all amendments and as- signments of it. ©Earl G. Tucker, Queen's Printer

Document details

Collection	Newfoundland and Labrador — Bills
Citation	Bill 875
Type	bill
Volume / chapter	ga46session1 bill0875
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	99898d263bd9cb319747694e705930250f05cec6

Source file is stored in the law ingest library (pdf).