Sahtu Master Land Agreement 

SAHTU MASTER LAND AGREEMENT TRUST

This Agreement is made as of the 6th day of May, 1994.

BETWEEN:                                                                      Tulita District Land Corporation Ltd., a body corporate,
                                                                                          incorporated pursuant to the laws of the Northwest
                                                                                          Territories and having a place of business in the hamlet
                                                                                          of Fort Norman (hereinafter referred to as “Tulita”)

                                                                                                                                                          OF THE FIRST PART

                                                                                          -and-

                                                                                          K’ahsho Got’ine Lands Corporation Ltd., a body
                                                                                          corporate, incorporated pursuant to the laws of the
                                                                                          Northwest Territories and having a place of business
                                                                                          in the Settlement of Fort Good Hope (hereinafter
                                                                                          referred to as “K’ahsho”)

                                                                                                                                                      OF THE SECOND PART

                                                                                          -and-

                                                                                          Deline Land Corporation, a body corporate,
                                                                                          incorporated pursuant to the laws of Canada and having
                                                                                          a place of business in the Charter Community of Deline
                                                                                          (hereinafter referred to as “Deline”)

                                                                                                                                                      OF THE THIRD PART

WHEREAS

A.     Tulita is the registered owner of the lands and mines and minerals set forth in Schedule “A” hereto (hereinafter “the Tulita lands”);

B.     K’ahsho is the registered owner of the lands and mines and minerals set forth in Schedule “B” hereto (hereinafter “the K’ahsho Got’ine lands”);

C.      Deline is the registered and beneficial holder of the lands and mines and minerals set forth in Schedule “C” (hereinafter “the Deline lands”);

D.     All of the lands and mines and minerals set forth in Schedule A, B and C hereto have been granted to the holders thereof pursuant to Chapter 19 of Comprehensive Land Claim Agreement between Her Majesty the Queens in Right of Canada and The Dene of Colville Lake, Deline, Fort Good Hope and Fort Norman and the Metis of Fort Good Hope, Fort Norman and Norman Wells in the Sahtu Region of the Mackenzie Valley as represented by the Sahtu Tribal Council signed in Fort Norman, Northwest Territories on September 6, 1993 (hereinafter referred to as “the Comprehensive Agreement”);

E.      The parties wish to set forth terms upon which they will share the profits earned from the lands and mines and minerals;

 

NOW THEREFORE

1.      Tulita declares that the beneficial owners of the Tulita lands are Tulita Land Corporation, Fort Norman Metis Land Corporations and Ernie McDonald Land Corporation and states and warrants that said beneficial owners have consented to Tulita entering into this agreement.

2.      K’ahsho declares that the beneficial owners of the K’ahsho Got’ine lands are Yamogo Lands Corporation, Fort Good Hope Metis Nation Local #54 Land Corporation and Ayoni Keh Land Corporation and states and warrants that said beneficial owners have consented to K’ahsho entering into this Agreement.

3.      Deline states and warrants that it is the beneficial owner of the Deline Lands.

4.      Each of the parties acknowledge and agree that any income that they earn, after payment of their reasonable expenses, from being the registered holder of the mines and minerals set forth in Schedule A, B and C hereto, shall be paid to The Sahtu Secretariat Incorporated (hereinafter referred to as “the Trustee”) on the condition that the Trustee, after payment of its reasonable expenses, distributes said income amongst the three parties hereto on a pro rate basis proportionate to the number of participants, as more further defined in 4, 2, 1 of Chapter 4 of the Comprehensive Agreement, that are members of the shareholders of each Tulita and K’ahsho and that are members of Deline.

5.      The parties further agree that any income that each of them earns from ownership of the surface of the lands, after payment of their reasonable expenses, in excess of $500,000.00 in any one calendar year, shall be paid to the Trustee named in paragraph 4 and distributed to the parties on the same basis as the income from the mines and minerals.

6.      Any funds so paid to the Trustee by all of the parties shall be accounted for as of December 31 of each year and distributed before March 31 of each year next following.

7.      The Trustee named pursuant to paragraph 4 hereof shall, as a condition of being so appointed agree to also receive all payments from the Government pursuant to Chapter 10 of the Comprehensive Agreement in excess of Three Million ($3,000,000.00) Dollars, and to hold those funds on the same terms and conditions as set forth in paragraphs 4 and 6 hereof.

8.      The parties further agree that because the Enrolment Register to be established pursuant to Chapter Four of the Comprehensive Agreement will not be substantially completed by the first year end established pursuant to paragraph 6 hereof that the distribution made for that year will be an advance based upon an estimate of their entitlements with an accounting to be done, in conjunction with the next years distributions, for the period beginning on the date that the first payment is received by the Trustee to the date of the year then ended.

9.      The parties agree that this Agreement may be registered, by way of caveat, against the lands and mines and minerals described in Schedule A, B and C hereto with the cost of registering against the Tulita lands being borne equally by K’ahsho and Deline and the vost of registering against the K’ahsho Got’ine lands being borne equally by Tulita and Deline and the cost of registering against the Deline lands being borne equally by Tulita and K’ahsho.

10.   Any dispute arising from the interpretation of this Agreement shall be resolved by reference to arbitration pursuant to the Arbitration Act of the Northwest Territories and the arbitrator shall be specifically advised to review and consider the Comprehensive Agreement when rendering any decision.

All of which is agreed to as of the date and year above written.

Download PDF Documents:

2016-12-31 Sahtu Master Land Agreement Trust

Sahtu Master Land Agreement Working Protocol 

CONTACT US

SAHTU SECRETARIAT INC.
P.O. BOX 155
DELINE, NT X0E 0G0
TELEPHONE: (867) 589.4719
FAX: (867) 589.4908

© 2019 by SAHTU SECRETARIAT INC.

The Sahtu

Secretariat Inc.