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M-35.1.2, r. 1 - Order in council respecting the publication of the Agreement concerning a new Relationship between le Gouvernement du Québec and the Crees of Québec
Schedule
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SCHEDULE D
TERMS OF SETTLEMENT OF CHISASIBI “BLOCK D” LANDS
(1) Land known and designated as Block D of the La Grande River Basin is described as follows : an area of approximately five million three hundred ninety-nine thousand seven hundred eleven square meters (5,399,711 m2), as shown on a plan of survey prepared by Michel Brunet, surveyor, and dated August 23rd, 1978.
(2) Québec shall transfer the administration, management and control of the lands designated as Block D, including the air strip, to the Government of Canada for the exclusive use and benefit of the Cree Nation of Chisasibi subject to the following terms and conditions.
(3) A right of way of one hundred fifty (150) feet in width, for the purposes of a road allowance for that portion of the Chisasibi access road which crosses the said lands, shall be designated as Category III lands.
(4) A corridor of five hundred (500) feet in width situated along both sides of the right of way shall be designated as Category II lands.
(5) Le Gouvernement du Québec will provide the characterization studies carried out on the said lands and will take the appropriate measures in accordance with the Environmental Quality Act and related regulations in order to ensure that the land which is the object of this transfer is acceptable from an environmental standpoint, taking into consideration the fact that the activities related to the airstrip will continue. This undertaking by Québec is limited to environmental measures required as a result of activities carried out on the said lands by Hydro-Québec, the Société d’énergie de la Baie James, the Société de développement de la Baie James and their mandatories.
(6) Upon receipt of a request by the Government of Canada to transfer the administration, management and control of lands designated as Block D, subject to paragraphs 5 and 6, for the exclusive use and benefit of the Cree Nation of Chisasibi, Québec will provide survey instructions to the Government of Canada by June 1st, 2002 and shall cooperate in order that all technical requirements for the transfer are completed as soon as possible. The survey instructions shall use as a basis of reference the technical description and the plan for survey of the “Block D Service and Storage Area” prepared by Michel Brunet, surveyor, and dated August 23rd, 1978.
The land transfer between Québec and Canada will take place according to the usual procedure.
(7) The parties hereto agree and Québec undertakes to ensure that the southern and western boundaries of the lands designated as Block D shall be contiguous to and abut the present perimeter of Category IA lands.
(8) Commencing at the high water mark, the southern shoreline of the La Grande River which lies within the perimeter of the lands designated as Block D shall be included within the description of such Category IA lands. For greater certainty, the parties agree that the two hundred (200) foot restriction provided in section 5.1.5 of the JBNQA shall not apply.
(9) Should the total area of Category I lands exceed two thousand one hundred forty point six (2,140.6) square miles or five thousand five hundred forty-four point one square kilometers (5,544.1 km2) as a result of the transfer contemplated herein, le Gouvernement du Québec hereby consents to such increase in the area of Category I lands.
(10) Québec undertakes to make the final transfer as soon as possible after the site restoration work has been carried out to the satisfaction of the Cree party and the Government of Canada, while taking into account the above section 5 with respect to the use of the site.
(11) The settlement of the claims before the Superior Court of Québec by the Grand Council of the Crees (of Québec) and the Cree Regional Authority et al. v. the Attorney-General of Québec in court files 500-05-004330-906 and 500-05-027984-960 with respect to recognition as Category IA lands of the land designated as Block D is provided for in Chapter 9 of this Agreement.
