Content

Article 1

Definitions

In this Agreement:
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1.1
"Affected lands" means the Easement land as defined in Article 1.8
 
     
 
1.2
"Arbitrator" means the arbitrator appointed pursuant to this Agreement.
 
     
 
1.3
"Band" means any of the Norway House, Cross Lake, Nelson House, Split Lake and York  Factory Indain Bands.
  
     
 
1.4
"Band Council" means a "Council of the Band", as defined in the Indian Act, R.S.C. 1970,  Chapter I - 6 and established pursuant thereto, in respect of any of the Bands.
  
     
 
1.5
"Claim" means any matter submitted by any person to the Arbitrator for his decision.
  
     
 
1.6
"Community" shall mean all persons collectively, resident on a Reserve, but shall be used as a  term of reference interchangeably with "Reserve", as may be appropriate to the context.
  
     
 
1.7
"Easement" means the right granted to Hydro in perpetuity, to inundate and store water on  portions of the easement land as provided in Article 3. without being liable for any loss or  damage to any person or property on the said land which may be caused by or result therefrom,  together with the right to enter upon and use the easement land to do bank protection,  maintenance and other related work, and the right of ingress and egress to the easement land  over and through a Reserve for these purposes.
  
     
 
1.8
"Easement land" means the Reserve land betwen the severance line and the boundary of the  Reserve adjacent to the shoreline in which an easemenrt in perpetuity is granted to Hydro.
  
     
 
1.9
"Mitigatory measure" means any work, program or measure which is designed or intended to  diminish, prevent, or ameliorate any adverse effect of the Project.
  
     
 
1.10
"Navigation" includes all use at any time of the year by any person of the waterways affected by  the Project for travel, access to wildlife resources and recreational purposes.
  
     
 
1.11
"Order" means any award, order, decision, ruling, direction, determination or recommendation  made by the Arbitrator pursuant to this Agreement.
  
     
 
1.12
"Person" means any individual who is a member of a Band, or any group, unincorporated  association, or corporation whose membership or shareholding is wholly or substantially  comprised of such individuals or any unincorporated association or corporation established by  any Band Council, or any Band Council or any Band.
  
     
 
1.13
"Project" means the Lake Winnipeg Regulation and the Churchill River Diversion Projects as  described in the Summary Report of the Lake Winnipeg, Churchill and Nelson Rivers Study  Board (April 1975) (Nelson River Development) as more particularly shown on pages 18 and 19 of  the Summary Report. A schematic map prepared by Hydro is attached hereto as Schedule "A"  showing the addition of Early Morning and Kepuche generating stations on the Buntwood River  at static inundation levels of 810' and 710' A.S.L. respectively. The permitted static inundation  levels are as determined by Article 3.9.
  
     
 
1.14
"Remedial measure" means any work, program or measure which is designed or intended to  enhance, preserve, restore or replace in kind, wholly or in part, any property, land, land use  interest or activity of any person, which has been or may be adversely affected by the Project.
  
     
 
1.15
"Reserve" shall have the same meaning as contained in the Indian Act, i.e. any tract of land, the  legal title to which is vested in Her Majesty The Quenn in right of Canada, that has been set  apart by Her Majesty for the use and benefit of a Band, at the time of the signing of this  agreement or at any time subsequent thereto and more particularly means the Reserves  commonly known as Nelson House, Cross Lake, Norway House, Split Lake, and, for the  purpose of the agreement, York Landing.
  
     
 
1.16
"Resident" means any individual person who is a member of a band, and whose principal  residence is located on a Reserve.
  
     
 
1.17
"Settlement" means a community together with all non-treaty Indians and Metis, collectively,  whose principal residences are adjacent to a community and within the area commonly  described by the name community, notwithstanding that the location of such residence may  also be described by some other, more particular name.
  
     
 
1.18
"Severance Line" means the upland boundary of the easement land as herein defined and the  location of the severance line in each Reserve is defined in Article 3.6. The location of the  severance line will be shown on maps prepared following completion of the legal surveys as  required in Article 3.11 hereof, and such maps, when completed, shall form part of this  Agreement.
  
     
 
1.19
"Static Inundation Level" means the inundation level with wind effects eliminated.
 
     
 
1.20
"Trapline Zone" means the Registered Trapline Zone set aside by Manitoba generally for the use  of a community as at the date of this Agreement as shown on a map or maps attached hereto  and forming part of this Agreement identifed as Shedule "B".
  
     
 
1.21
"Water regime" means the level and flows including the fluctuations thereof and the timing thereof  throughout the waterways, as these prevailed before modification by the Project and, to the  extent determinable, as they would have prevailed in the future, if the Project had not been  developed.
 
     
 
1.22
"Waterway" means any river, stream or lake on which the water regime in controlled or is  modified in any way by the Project.
  
     
   

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