Table of Contents

ARTICLE 1

Definitions

In this Agreement:

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 YorkFactory Indian 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 aterm 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 onportions 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, togetherwith the right to enter upon and use the easement land to do bank protection, maintenance andother related work, and the right of ingress and egress to the easement land over and through aReserve for these purposes.

1.8

"Easement land" means the Reserve land between the severance line and the boundary of theReserve adjacent to the shoreline in which an easement in perpetuity is granted to Hydro.back to Article 1.2.

1.9

"Mitigatory measure" means any work, program or measure which is designed or intended todiminish, 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 bythe 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, unincorporatedassociation, or corporation whose membership or shareholding is wholly or substantiallycomprised of such individuals or any unincorporated association or corporation established by anyBand Council, or any Band Council or any Band.

back to Article 24.5

1.13

"Project" means the Lake Winnipeg Regulation and the Churchill River Diversion Projects asdescribed in the Summary Report of the Lake Winnipeg, Churchill and Nelson Rivers StudyBoard (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 Burntwood Riverat static inundation levels of 810' and 710' A.S.L. respectively. The permitted static inundationlevels are as determined by Article 3.9.

1.14

"Remedial measure" means any work, program or measure which is designed or intended toenhance, preserve, restore or replace in kind, wholly or in part, any property, land, land useinterest 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, thelegal title to which is vested in Her Majesty The Queen in right of Canada, that has been set apartby Her Majesty for the use and benefit of a Band, at the time of the signing of this agreement or atany time subsequent thereto and more particularly means the Reserves commonly known asNelson House, Cross Lake, Norway House, Split Lake, and, for the purpose of this Agreement,York Landing.

1.16

"Resident" means any individual person who is a member of a Band, and whose principalresidence 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 describedby the name of the community, notwithstanding that the location of such residence may also bedescribed by some other, more particular name.

1.18

"Severance Line" means the upland boundary of the easement land as herein defined and thelocation of the severance line in each Reserve is defined in Article 3.6. The location of theseverance line will be shown on maps prepared following completion of the legal surveys asrequired in Articles 3.11 hereof, and such maps, when completed, shall form part of thisAgreement.

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 useof a community as at the date of this Agreement as shown on a map or maps attached hereto andforming part of this Agreement identified as Schedule "B".

1.21

"Water regime" means the levels and flows the fluctuations thereof and the timing thereofthroughout the waterways, as these prevailed before modification by the Project and, to the extentdeterminable, 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 is controlled or ismodified in any way by the Project.

Table of Contents

see Article 2

Northern Flood Agreement

Office of the Arbitrator

904-363 Broadway Avenue
Winnipeg, Manitoba
R3C 3N9

tel: (204) 956-5089
toll-free: 1-800-407-0859
fax: (204) 956-5091
e-mail: nfaarb@mts.net