Common use of Planning Processes Clause in Contracts

Planning Processes. 28. The planning process for the Regional Land and Resource Use Plan (“RLRUP”) on Category II Lands shall be established in accordance with the provisions set forth hereinafter. 29. The Cree Nation Government shall establish an Eeyou Planning Commission (“Commission”) composed of members of the Cree Communities designated by the Cree Nation Government. 30. The Commission shall prepare, after consulting the Cree Nation Government, the Cree Communities and such other persons and entities as the Commission deems appropriate, a draft Regional Land and Resource Use Plan for Category II Lands. 31. In preparing the Draft Plan, the Commission shall also consult the Regional Government with a view to harmonizing the Draft Plan, as much as possible, with the Regional Plan for Integrated Land and Resource Development of the Regional Government. 32. Upon completion of the Draft Plan, the Commission shall make it public and solicit comments from all interested persons, including the Cree Communities, Cree Entities, Crees, relevant Québec agencies and the general public. 33. The Commission shall: (a) conduct public hearings on the Draft Plan; (b) evaluate the Draft Plan in light of comments from all interested persons and representations made at the public hearings; (c) if it deems it necessary, revise the Draft Plan; and (d) make public the Draft Plan, with or without revision. 34. After completing the steps mentioned in section 33, the Commission shall submit the Draft Plan to the Cree Nation Government which shall, as soon as practicable: (a) accept it; or (b) refer it back to the Commission for reconsideration accompanied by written reasons, in which case the Commission shall make appropriate revisions to the Draft Plan in light of the written reasons of the Cree Nation Government and resubmit the revised Draft Plan to the Cree Nation Government for acceptance. 35. Upon acceptance of the Draft Plan, the Cree Nation Government shall make it public and shall submit it to the ministre des Ressources naturelles et de la Faune along with the relevant documents pertaining to the process and the results of the consultation. 36. The Cree Nation Government and the person designated by the sous-ministre des Ressources naturelles et de la Faune from his office (“MRNF Official”) shall meet to review the Draft Plan. They shall endeavour in good faith, through cooperation and consultation, to arrive at a mutually satisfactory solution regarding the Draft Plan. 37. If, after 90 days, the Cree Nation Government and the MRNF Official are unable to reach a solution on the Draft Plan, the matter shall be referred to the Standing Liaison Committee with a view to obtaining a mutually satisfactory solution. 38. Within 90 days of the reference mentioned in section 37, the Standing Liaison Committee shall submit its recommendations (whether unanimous or divergent) to the Cree Nation Government and to the ministre des Ressources naturelles et de la Faune. 39. Upon receipt of the Draft Plan and recommendations of the Standing Liaison Committee, the ministre des Ressources naturelles et de la Faune shall, as soon as possible: (a) approve it; or (b) refer it back to the Cree Nation Government for reconsideration by the Commission, accompanied by written reasons, provided that such reasons shall be for public health, public security, conservation, environmental protection or unreasonable restriction on public access or on the enhancement or development of the land and resources. 40. Where applicable, the Commission shall reconsider the Draft Plan in light of the written reasons of the ministre des Ressources naturelles et de la Faune and shall resubmit the Draft Plan to the Cree Nation Government, which shall submit it to the Minister for approval. 41. If the ministre des Ressources naturelles et de la Faune is unwilling or unable to approve the Draft Plan resubmitted pursuant to section 40, he shall, before making a final determination, meet with the Cree Nation Government to explain and discuss his position. 42. Upon approval by the ministre des Ressources naturelles et de la Faune, the Draft Plan shall become the official Regional Land and Resource Use Plan for the Category II Lands contemplated therein. This Plan shall be made public. 43. The Cree Nation Government and Québec shall enter into a specific agreement in order to implement the Plan and to adapt the activities of Québec to the characteristics of the Category II Lands as set forth in the Plan. This agreement shall be made public.

Planning Processes. 2829. The planning process for the Regional Land and Resource Use Plan (“RLRUP”) RLRUP on Category II Lands lands shall be established in accordance with the provisions set forth as provided for hereinafter. 2930. The Cree Nation Government shall establish an Eeyou Planning Commission (“Commission”) composed of members of the Cree Communities communities designated by the Cree Nation Government. 3031. The Commission shall prepare, after consulting the Cree Nation Government, Government and the Cree Communities communities and such other persons and entities as the Commission deems appropriate, a draft Regional Land regional land and Resource Use Plan resource use plan for Category II Landslands (“Draft Plan”). 3132. In preparing the Draft Plan, the Commission shall also consult the Regional Government of Eeyou Istchee ▇▇▇▇▇ ▇▇▇ mentioned in section 50 with a view to harmonizing the Draft Plan, as much as possible, with the Regional Plan for Integrated Land regional land and Resource Development natural resource plan of the this Regional Government. 3233. Upon completion of the Draft Plan, the Commission shall make it public and solicit comments from all interested persons, including the Cree Communitiescommunities, Cree Entitiesentities, CreesCree beneficiaries, relevant Québec Government agencies and the general public. 3334. The Commission shall: (a) conduct public hearings on the Draft Plan; (b) evaluate the Draft Plan in light of comments from all interested persons and representations made at the public hearings; (c) if it deems it necessary, revise the Draft Plan; and (d) make public the Draft Plan, with or without revision. 3435. After completing the steps mentioned in section 3334, the Commission shall submit the Draft Plan to the Cree Nation Government which shall, as soon as practicable: (a) accept it; or (b) refer it back to the Commission for reconsideration accompanied by written reasons, in which case the Commission shall make appropriate revisions to the Draft Plan in light of the written reasons of the Cree Nation Government and resubmit the revised Draft Plan to the Cree Nation Government for acceptance. 3536. Upon acceptance of the Draft Plan, the Cree Nation Government shall make it public and shall submit it to the ministre des Ressources naturelles et de la Faune MRNF along with the relevant documents pertaining to the process and the results of the consultation. 3637. The Cree Nation Government and the person designated by the sous-ministre des Ressources naturelles et de la Faune from his office (“MRNF Official”) shall meet to review the Draft Plan. They shall endeavour in good faith, through cooperation and consultation, to arrive at a mutually satisfactory solution agreement regarding the Draft Plan. 3738. If, after 90 days, the Cree Nation Government and the MRNF Official are unable to reach a solution agreement on the Draft Plan, the matter shall be referred pursuant to section 12.5 of the Paix des braves for resolution to the Standing Liaison Committee with a view established pursuant to obtaining a mutually satisfactory solutionChapter 11 of the Paix des braves. 3839. Within 90 days of the reference mentioned in section 3738, the Standing Liaison Committee shall submit its recommendations (whether unanimous or divergent) to the Cree Nation Government and to the ministre des Ressources naturelles et de la FauneFaune (“Minister”). 3940. Upon receipt of the Draft Plan and recommendations of the Standing Liaison Committee, the ministre des Ressources naturelles et de la Faune Minister shall, as soon as possible: (a) approve it; or (b) refer it back to the Cree Nation Government for reconsideration by the Commission, accompanied by written reasons, provided that such reasons shall be for public health, public security, conservation, environmental protection or unreasonable restriction on public access or on the enhancement or development of the land and resources. 4041. Where applicable, the Commission shall reconsider the Draft Plan in light of the written reasons of the ministre des Ressources naturelles et de la Faune Minister and shall resubmit the Draft Plan to the Cree Nation Government, Government which shall submit it to the Minister for approval. 4142. If the ministre des Ressources naturelles et de la Faune Minister is unwilling or unable to approve the Draft Plan resubmitted pursuant to section 4041, he shall, before making a final determination, meet with the Cree Nation Government to explain and discuss his position. 4243. Upon approval by the ministre des Ressources naturelles et de la FauneMinister, the Draft Plan shall become the official Regional Land and Resource Use Plan for the relevant Category II Lands contemplated therein. This Plan lands (“Plan”) and shall be made publicimplemented. 4344. The For such purpose, the Cree Nation Government and Québec shall enter into a specific agreement in order to implement the Plan and to adapt the Government activities of Québec to the regional characteristics of the Eeyou Istchee and Category II Lands lands as set forth in the Plan. 45. This agreement The same conditions and process as set forth in sections 27 and 30 to 44 shall apply, with such modifications as the circumstances may require, to the regional land use and development plan prepared by the Cree Nation Government for Category II lands in accordance with the Land Use Act, provided that such plan shall not be made publicsubject to consultations with the Regional Government of Eeyou Istchee ▇▇▇▇▇ Bay.