The lease indicates (at section 8) that if Kanawaki does not remove its structures within 6 months after termination of the lease, that the structure becomes property of the lot holder(s). However, the concern expressed about potential costs associated with potentially “abandoned” structures is a valid one, and additional discussion on responsibility and costs for the removal of structures will be required in the future.  

Because of the application of the Indian Act to this lease/permit agreement, Canada is acting as the “Lessor” for and on behalf of the lot holders and is responsible to collect and distribute the lease payments. 

Each lot holder has standing to representing their own interests with respect to the implementation of the lease and the renewal issue. MCK is not legally responsible to represent the lot holders and lot holders are reminded that they can take any measures to represent their own interests, including seeking independent legal advice. However, given the large number of interest holders, MCK is trying to facilitate consultations and ensure that each lot holder has the opportunity to express their views on all issues pertaining to the lease and the renewal issue. Ultimately, it is up to the lot holders to determine how they want their exercise their right to have “standing” throughout this process.

The lease renewal clause (section 6) indicates that the lease is to be renewed according to the same terms and conditions except for the determination of the annual rental and any further right to renew. Adding any other clauses, including pertaining to the environment would require negotiation of a new lease or an addendum to the lease that would have to be agreed upon by all parties, which may be difficult to achieve.  

Any exceedances found on the course are not likely to have impacted the two areas of corn growing adjacent to the Hwy 138 ramp. MCK will, however, direct their consultant to sample for metals in this area as a ‘background’ sample to compare against the metal levels found on the greens, teeboxes and fairways. Any findings in this area could be complicated by the presence of the Highway.

The lease renewal clause of the lease/permit agreement (section 6) indicates that the lease is to be renewed according to the same terms and conditions except for the determination of the annual rental and any further right to renew. Adding any other clauses, including pertaining to the environment, would require negotiation of a new lease or an addendum to the lease that would have to be agreed upon by all parties, which may be difficult to achieve.  

Residue from tire and brake wear, fuel spills, and exhaust emissions are all possible sources of pollutants from vehicles, however, in the analysis of samples taken from the course, no evidence of a broad impact from the highways was detected. Air pollution was not measured as part of the Environmental Site Assessment.

No impact from irrigation water was detected in the sampling completed on the site. While water pollution is possible in the Seaway associated with a fuel spill or other industrial inputs, generally the water quality in the Seaway is considered good.

When Indigenous Services Canada (ISC) is notified of the death of a lot possessor and of the contact information of the executor or administrator of the estate, ISC will change the name of the beneficiary of the check for “‘Estate of M or Ms. X ” in order to enable the executor or administrator of the estate responsible for the distribution of property to deposit the check into the estate account.

It should be noted that it is the responsibility of the family or a relative of the deceased person to notify ISC in the event of the death of a lot possessor and to provide contact information to the executor or the administrator of the estate. If a check has been received on behalf of the deceased without mention of ” to the estate of ” the check must be returned to ISC in order for ISC to change the beneficiary’s name and returns the check to the executor or the administrator of the estate.

Amounts related to payments are deposited in a suspense account (not in a trust account) until they are cashed by the recipient. If for any reason the beneficiary does not cash the check, the money is kept in a suspense account until the check is cashed, cancelled, or reissued to a lot possessor who may have lost or not received the check.

When a check is not cashed, the amount remains in a suspense account until the check is cashed. You can cash a Government of Canada cheque no matter how old it is. Government of Canada cheques don’t have an expiry date and never become stale-dated. For more information on the cashing of checks issued by the Government of Canada, please visit: https://www.canada.ca/en/financial-consumer-agency/services/banking/cashing-government-cheque.html

It is difficult to answer this question since the conclusions of both reports are based on the respective professional opinions of two land evaluation experts. Nevertheless, this difference in value could be explained in particular by the fact that in estimating the market value of the land, the two evaluators used different assumptions regarding the optimal use of the land. If you wish to obtain more information, we invite you to read the reports of the two evaluators who detail and justify their respective analysis.

The reports can be viewed at the Mohawk Council of Kahnawake by contacting Lanny Jacobs at [email protected] or 450-632-7500, Ext. 50222.