British Columbia Order in Council — Order under Oil and Gas Commission The Oil and Gas Commission to enter into an agreement with Chief James Ahnassay and on behalf of all members of the Dene Tha' First Nation (O.C. 224/2001)

O.C. 224/2001

British Columbia — Orders in Council

MAR ■■•■■,.. Lieutenant Governor / 1 Presiding Member of the E ecutive Council PROVINCE or BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL • Order in Council No. 224 , Approved and Ordered Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that approval is given to the Oil and Gas Commission to enter into an agreement substan- tially in the form attached to this order. Minister of Energy and Mines (This

part is for administrative purposes only and is not port of the Order) Authority under which Order is made: Act and section:- Oil and Gas Commission Act, s. 6(1)(

c) Other (specify):- February 26,2001 3094001/13/jh

This settlement agreement, dated , 2001: BETWEEN: CHIEF JAMES AHNASSAY, on his own behalf and on behalf of ALL MEMBERS OF THE DENE THA' FIRST NATION ("DTFN") AND: HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA and the OIL AND GAS COMMISSION (the "Province") WITNESSES THAT

WHEREAS: A. DTFN have commenced an action in the British Columbia Supreme Court, Vancouver Registry, under action number 0995181 (the "Action"); B. The Parties have agreed to settle the Action and other matters arising between the Parties on the basis set out in this Agreement.

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1.00

Interpretation 1.01 Capitalized terms will have the meanings set out in

Article 8.00 of this Agreement. 2.00 Settlement of All Matters 2.01 This Agreement constitutes a settlement agreement between the parties and constitutes a full and final disposition of all matters arising in connection with the Action, including settlement of any claim for costs. 2.02 The Province agrees to pay the sum of $800,000 on or before March 9, 2001, to Brow, ►lee Fryett, Barristers & Solicitors, "In Trust", on behalf of DTFN as full and final settlement of any and all matters arising or related to the Action, including, but not limited to the following: a. any and all matters described in the pleadings filed by DTFN in respect of the Action; b. any and all matters arising out of or in connection with any negotiations or discussions between the Province and DTFN in connection with the subject matter of the Action; c. any and all prior memoranda of understanding or other agreements, entered into between the Province and the DTFN which are related to the subject matter of the Action; d. any and all matters in relation to any fiduciary duty of the Province, or any obligation to consult with DTFN, in relation to Oil and Gas Activity up to and including March 31, 2001. 2.03 This settlement is made without admission of liability by any of the parties hereto. 3.00 Limitation of Claims 3.01 Without in any way limiting the provisions of

Article 2.00, DTFN releases the Province from any and all claims with respect to the Action, and covenants and agrees with the Province as follows: a. The Province will not be liable to DTFN for any claim, whether for breach of fiduciary duty or otherwise, arising out of the conduct of the Province, its employees, servants, agents or contractors in entering into, or implementing the 1998 MOU's; b. The Province will not have any obligation to DTFN based on or arising out of the 1998 MOU's;

2 c. DTFN hereby waives any and all claims it may have arising out of any alleged fiduciary duty of the Province, or of any failure by the Province to consult with DTFN, or to consult adequately with DTFN during the period from August, 1998 until March 31, 2001 in connection with oil and gas activity within the Treaty 8 Area and agrees that DTFN will not raise a failure or lack of consultation as an issue in any litigation involving oil and gas permits issued by the Province from August, 1998 up to and including the March 31, 2001; d. Except as provided in subsections 2.01 (a), (

b) or (

c) of this Agreement, nothing in this Agreement is intended to release the Province from any duty to consult with respect to oil and gas exploration activity occurring after March 31, 2001. 3.02 DTFN will discontinue the Action immediately after receiving the payment described in

section 2.02, and will immediately file all documents required by the British Columbia Rules of Court to effect a discontinuance of the action, and provide filed copies to the Province for its records within two weeks after receiving the filed documents from the court registry. 3.03 Nothing in this Agreement will create or impose any obligations upon the Province or DTFN to engage in further negotiations or to enter into future agreements. 4.00 Without Prejudice 4.01 Except as expressly provided in this Agreement, nothing in this Agreement shall: (

a) be construed to diminish, derogate from or in any way affect or prejudice any rights of the DTFN pursuant to Treaty No. 8,

Section 35 of the Constitution Act, 1982 or otherwise; (

b) be construed as modifying Treaty No. 8 or creating a new treaty; (

c) prejudice any applications, negotiations, legal proceedings or settlements involving DTFN and all or any of Canada and any Province(

s) with respect to any matter; or (

d) be construed to diminish, derogate from or in any way affect or prejudice any rights of the Province; 4.02 Nothing in this Agreement will constitute a release by DTFN of a claim against a party, other than the Province, in respect of: (

a) the actions of a permit holder or licensee conducting Oil and Gas Activity, which are in direct contravention of specific terms contained in the permit or licence authorizing the Oil and Gas Activity; or (

b) the actions of a permit holder or licensee acting in violation of provincial or federal legislation. 4.03 Nothing in this Agreement will preclude a claim under the Registered Trapper's Compensation Program by a Registered Trapper. 5.00 Information Sharing 5.01 The Parties acknowledge and agree that this Agreement is subject to the provisions of the Freedom of In/ormation and Protection of Privacy Act, and that information contained in this Agreement may become public after execution. 6.00 Binding Agreement 6.01 The Parties agree that the terms of this Agreement apply to the parties to the Action, and to all representatives of the Parties. 7.00 Conditions Precedent 7.01 This Agreement is subject to such approvals as are required under the laws of the Province of British Columbia to authorize the settlement of the Action and the payment of the settlement funds. 8.00

Definitions 8.01 The following terms will, for the purposes of this Agreement, have the meanings as set out below:

3 (a) 1998 MOU's: means the original memoranda of understanding entered into between the Province and the BC Treaty 8 Bands effective August, 1998 relating to Oil and Gas Activity within the Treaty 8 Area. (

b) Action: The action filed by DTFN in the British Columbia Supreme Court under No. C995181. (

c) Agreement: This settlement agreement. (

d) BC Treaty 8 Bands: The West Moberly, Fort Nelson, Halfway River, Prophet River, Blueberry River, Saulteau and Doig River First Nations. (

e) Consultation: A process, undertaken by both Parties, to identify potential infringements of rights accorded under Treaty No. 8 and recognized under

section 35 of the Constitution Act, 1982 to DTFN. DTFN: means the Dene Tha' First Nation. (

g) Oil and Gas Commission (OGC): A corporation, known as the Oil and Gas Commission, established by the Lieutenant Governor in Council as an agent of the Government of the Province of British Columbia pursuant to the provisions of the Oil and Gas Commission Act, S.B.C. 1998, c. 39. (

h) Oil and Gas Activity: All functions related to oil and gas development which may include, but is not limited to, seismic, well sites, pipelines, and processing facilities. (

i) Parties: the Parties to the Action and this Agreement. (

j) Province: Her Majesty the Queen in right of the Province of British Columbia and the Oil and Gas Commission. (

k) Registered Trapper: A trapper who has registered as the owner of a trapline under British Columbia legislation. (

I) Registered Trapper's Compensation Program: The program administered by the Ministry of Environment Lands and Parks under the name "Registered Trapper's Compensation Program". (

m) Treaty 8 Area: The area of land within British Columbia to which the provisions of Treaty 8 apply.

In witness whereof the Parties hereto have executed this Agreement this _ day of , 2001. By: Chief James Ahnassay Dene Tha' First Nation By: Her Majesty the Queen in right of the Province of British Columbia Authorized Signatory By: Oil and Gas Commission Authorized Signatory

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 224/2001
Type	order_in_council
Volume / chapter	arc oic 0224 2001
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	c5468cb3c6ec975b1d6727f9e8c7e6911dede448

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