Article 5 - Minerals

The provisions of the Framework Agreement dealing with "Minerals" are lengthy and quite technical. While it is not possible to summarize all of these provisions in the same manner as other less technical aspects of the Framework Agreement, it is possible to highlight some of the more important concepts.

Minerals to be Acquired up to Shortfall

To begin with, all of the Entitlement Bands "Shortfall Acres" must includeall the associated Minerals. Those Minerals must be free and clear of any "Mineral Dispositions" (i.e., interests granted for the development, production or exploration of those minerals). Article 5 sets out the methods for the valuation and transfers of Crown minerals. In the Framework Agreement, Saskatchewan and Canada have each agreed to transfer to the Entitlement Bands all Crown owned Minerals underlying land purchased by the Bands under this agreement, without compensation, providing that such Minerals are "undisposed".

Guaranteed Surface Access

The Framework Agreement also deals with the question of guaranteeing continuing surface access to Entitlement Reserve land for those persons who hold interests in subsurface Minerals. Section 5.08 of the Framework Agreement marked a significant breakthrough for purposes of rapid Entitlement Reserve creation, by dealing with a situation where Saskatchewan would assist Canada and the Entitlement Bands in promptly obtaining clear title to land in return for an agreement on the part of Canada to collect "Provincial Mineral Revenues" on behalf of the Province and remit the same in the manner described in the agreement.

Departure From Legislation Requires Negotiation

Finally, the parties agreed that any departure from the existing Federal legislative scheme for production of oil and gas or other Minerals would resultin the parties entering into good faith negotiations to deal with the changes. Agreement was also reached that where the production of Minerals was the subject of a joint production agreement, arrangements would be made to honour the joint production agreement before creation of the Entitlement Reserve by Canada.

Next - Article 6