Article 7 - Provincial Roads

Transfer of Provincial Road

"Provincial Roads" (as defined in the Framework Agreement) will not transferto Entitlement Reserve status unless there is an agreement between Canada, Saskatchewan, the Entitlement Band and the municipality. If an agreement is reached, the principles set out in section 7.02 of the Framework Agreement will apply.

Transfer of Undeveloped Road Allowances

Where an "Undeveloped Road Allowance" is bounded on both sides by an Entitlement Reserve and is primarily used to provide access to that Entitlement Reserve, it shall be transferred to Canada for Entitlement Reserve status. However, Saskatchewan can, upon request, have the road allowance returned to it for use by the general public or for installation of a transmission or distribution line. Alternate lands may be provided when a retransfer to Saskatchewan is requested if improvements are in place. If there has been development of the Undeveloped Road Allowance, then Saskatchewan shall pay fair market value compensation before the re-transfer from Canada to Saskatchewan.

Where a Provincial Road ceases to be used as a Provincial Road then it shalt be dealt with as an Undeveloped Road Allowance.

The area of Undeveloped Road Allowances and Provincial Roads transferred to Entitlement Reserve status is not included in the "Shortfall Acres" or "Equity Quantum" calculations.

Regular program funding shall be made available to the Entitlement Bands for operation and maintenance of roads transferred pursuant to the Framework Agreement.

Tax Loss Compensation

The Amended Cost Sharing Agreement provides tax loss compensation for Rural Municipalities and Rural School Divisions which experience a reduction in "Taxable Land as a result of the creation of Entitlement Reserves (see Article 12 commentary). Section 7.06 recognizes the obligation of Rural Municipalities to ensure continued maintenance of roads within, adjacent to or providing access to Entitlement Reserves at their regular standard.

Finally, the Entitlement Bands agree, in section 7.07, to give favourable consideration to the transfer of Reserve land to the province to assist with constructing, maintaining and upgrading Provincial Roads and Provincial Highways.

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