Bill 97, First Nations Resource Revenue Sharing Act, 2004

Versions

Bill 97 2004

An Act respecting the
sharing of resource revenues
for First Nations

Preamble

Many First Nations communities in Ontario are impoverished, although their traditional lands contain natural resources that could provide vital revenue.

An equitable method for sharing the revenues from such resources would be beneficial to the First Nations, the resource companies and the Government of Ontario.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario enacts as follows:

Definitions

1. In this Act,

"comprehensive revenue-sharing agreement" means an agreement, including draft legislation, that will provide a comprehensive policy by which First Nations will receive benefits from natural resources extracted from their traditional lands, no matter what form those benefits take; ("accord global de partage des recettes")

"First Nation" means a First Nation that lays claim to traditional lands in Northern Ontario; ("Première nation")

"Northern Ontario" means that portion of Ontario lying north of the French River; ("Nord de l'Ontario")

"resource company" means a corporation or other legal entity that intends to extract a natural resource from the traditional lands of a First Nation; ("entreprise de l'industrie des ressources")

"traditional lands" means lands that were traditionally travelled across or made use of by a First Nation, whether or not they fall within a reserve occupied by that First Nation. ("terres traditionnelles")

Negotiations

2. Within 90 days of the coming into force of this Act, representatives of the resource companies, the First Nations, the Government of Ontario and any other parties that they mutually agree should be represented shall commence negotiations aimed at arriving at a comprehensive revenue-sharing agreement.

Where no agreement

3. (1) Where, three years after negotiations commenced, a comprehensive revenue-sharing agreement has not been arrived at, the parties to the negotiation shall appoint an arbitrator.

If cannot agree on arbitrator

(2) If the parties cannot agree on the appointment of an arbitrator, each party may submit the names of one or more potential arbitrators to a judge of the Superior Court of Justice, who shall appoint an arbitrator from the names submitted.

Submissions

(3) An arbitrator appointed under this section shall consider any submissions made by the parties in any manner that he or she considers appropriate.

Imposition of agreement

(4) Within one year of being appointed, the arbitrator shall impose a comprehensive revenue-sharing agreement that shall be deemed to have been arrived at by the parties.

Tabling

4. The comprehensive revenue-sharing agreement shall be presented to the Speaker of the Legislative Assembly, who shall cause it to be laid before the Legislative Assembly.

Commencement

5. This Act comes into force on the day it receives Royal Assent.

Short title

6. The short title of this Act is the First Nations Resource Revenue Sharing Act, 2004.

EXPLANATORY NOTE

A procedure is established by which resource companies that intend to extract natural resources from First Nations traditional lands in Northern Ontario will negotiate a comprehensive revenue-sharing agreement with the First Nations and the Government of Ontario.