Surface Lease Rent Review - Lessee Information Sheet (multi-lease)

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Surface Lease Rent Review Lessee Information Sheet

Rent review is required according to Sections 27 and 30 of the Indian Oil and Gas Regulations, 1995. It is the responsibility of the Lessee and Band Council to re-negotiate the annual rental. Indian Oil and Gas Canada facilitates the negotiation process by sending Rent Review letters to both the Lessee and Band Council. The Rent Review letter is a signal for the Lessee and Band Council to begin the negotiation process. Once the parties have agreed on revised rental rates, the two-step Rent Review Amendment process begins. When Lessee and Band Council determine a rental increase is not warranted, a letter confirming this joint decision must be sent to Indian Oil and Gas Canada with a "cc" to the Band Council.

Step One: Lessee submits to Indian Oil and Gas Canada:

  • Completed Pages 1 and 2 of the Surface Rent Amending Agreement
  • Copies of all correspondence regarding rent review negotiations between Lessee and Band Council

Note: Effective Date of the agreement will be determined by Indian Oil and Gas Canada

Once Lessee has submitted the above information, IOGC will review the documents and advise Lessee in writing they can proceed to Step Two of the Rent Review process.

Step Two: Lessee submits to Indian Oil and Gas Canada:

  • Four completed, original Surface Rent Amending Agreements
  • Four original Band Council Resolutions, dated and executed by a quorum of the Band Council
  • Four execution pages, signed by Lessee under seal *
  • any monies owing based on the adjusted rental rate(s), made payable to the Receiver General for Canada

* All documents submitted to Indian Oil and Gas Canada must be executed in one of three ways:

  • Signature under corporate seal; or
  • By Witness and Affidavit of Execution; or
  • Power of Attorney. Note - if the Power of Attorney has not been recorded with Indian Oil and Gas Canada, 2 original copies are required for registration purposes.

If you have any questions regarding this procedure please contact Indian Oil and Gas Canada's Surface Department at 292-5625.


E-5855-11-(Insert IOGC file #)

DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT INDIAN OIL AND GAS CANADA INDIAN OIL AND GAS ACT AND REGULATIONS

SURFACE LEASE RENT AMENDING AGREEMENT
Leases Listed on Column 1 of Schedule "A"

This Agreement is made ________________________
(Date will be inserted by Indian Oil & Gas Canada)

BETWEEN
Her Majesty The Queen In Right of Canada, as represented by the Executive Director of Indian Oil and Gas Canada, ("Lessor")

 

AND
(Insert Lessee Company Name) a body corporate, incorporated under the laws of the Province of (Insert Province), ("Lessee")

WHEREAS:

A. Lessor and Lessee are parties to Surface Leases as set out in the attached Schedule A ("Lease").

B. Lessor is empowered to amend the Lease in accordance with the Indian Oil and Gas Regulations, 1995 ("Regulations") as amended from time to time.

C. This Surface Lease Rent Amending Agreement to the Lease(s) is authorized by the Council of the (Insert Nation Name) First Nation, (Insert Reserve Name) Indian Reserve No. (Insert Reserve Number), as evidenced by a quorum of the Band Council signatures dated (Insert date of BCR).

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:

1. As set out in Schedule "A" the annual rental listed in Column 4 shall remain in effect until the date listed in Column 5. Upon this date, in place and stead of paying annual rental listed in Column 4, as provided for in the Lease, Lessee shall pay the annual rental listed in Column 6, in advance of the date listed in Column 7, in each and every year remaining in the rental period as defined in Column 8.

2. The annual rental shall be subject to renegotiation in advance of the date listed in Column 9 of Schedule "A". Review is based on the factors set out in Sections 27(2)(b)(ii) and (iii) of the Regulations.

3. The Surface Leases are amended only to the extent set out in this Surface Lease Rent Amending Agreement.

EXECUTED AND DELIVERED as of the date first above written.

 
EXECUTIVE DIRECTOR
INDIAN OIL AND GAS CANADA



 

(Insert Lessee Company Name)

 
_________________________________

__________________________________
Witness (if Power of Attorney *)
_________________________________

* Must be executed under corporate seal, or with witness and Affidavit of Execution, or with Power of Attorney and Affidavit of Execution. (If Attorney is executing, and not previously registered with IOGC, 2 original copies of the Power of Attorney are required.)


Band Council Resolution and Signatures of a Quorum of Council

DATED the ________day of ___________200____
BCR No.________________
Province: _______________

BAND COUNCIL RESOLUTION OF (Insert Nation Name)

A. The Lessee has applied for an amendment to Surface Leases as set out in the attached Schedule "A" in which the terms have been negotiated with the Council and with Band members in lawful possession, (if any) and this Surface Lease Rent Amendment represents and sets out those negotiated terms.

B. Council wishes this Band Council Resolution to be both the approval of Council, as required by Section 50 of the Indian Oil and Gas Regulations, 1995 and signatures of a quorum as required by Section 27(5) of the Regulations, 1995.

NOW THEREFORE CHIEF AND COUNCIL RESOLVE AS FOLLOWS:

1. Indian Oil and Gas Canada is hereby authorised to issue an amendment to Surface Leases as set out in the attached Schedule "A" to which this Band Council Resolution is attached.

2. This Band Council Resolution is the approval required by Section 27 (5) or Section 50, as the case may be, of the Indian Oil and Gas Regulations, 1995.

___________________________
CHIEF

________________________
Councillor

________________________
Councillor

_________________________
Councillor

 

________________________
Councillor

________________________
Councillor

_________________________
Councillor

 

________________________
Councillor

________________________
Councillor

_________________________
Councillor

 

________________________
Councillor

________________________
Councillor

_________________________
Councillor

 
____________________________
Names of persons in lawful possession
(Certificate of Possession)
____________________________
Signature(s)


Schedule "A"

Attached to and forming part of a Surface Rent Amending Agreement made (Date will be inserted by Indian Oil & Gas Canada)_________________________

between Insert Lessee Company Name) and Lessor for the (Insert Nation Name) Nation, (Insert Reserve Name) Indian Reserve No. (Insert Reserve Number)

Column 1
Lease Number
Column 2
Lease Effective Date
Column 3
Well Name & Legal Description
Column 4
Existing Rental
Column 5
Existing Rental End Date
Column 6
New Rental
Column 7
New Rental Start Date
Column 8
Rental Period
Column 9
Next Review Date