Tla'amin Final Agreement Act

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This Act is current to September 24, 2024
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Tla'amin Final Agreement Act

[SBC 2013] CHAPTER 2

CHAPTER 5 — ACCESS

GENERAL

1. Except as modified by this Agreement, the Tla'amin Nation as owner of Tla'amin Lands has the same rights and obligations in respect of public access to Tla'amin Lands as other owners of estates in fee simple have in respect of public access to their land.

2. Except as modified by paragraphs 30 and 31, the Tla'amin Nation's liability for public access to Tla'amin Public Lands is comparable to the liability of the provincial Crown for public access to unoccupied provincial Crown land.

DESIGNATIONS OF TLA'AMIN LANDS

3. Ahgykson is designated as Tla'amin Private Lands.

4. The Tla'amin Nation may designate portions of Tla'amin Lands as Tla'amin Private Lands where the Tla'amin Nation authorizes a use or disposition of those portions that is incompatible with public access.

5. Before making a designation under paragraph 4, or changing the boundaries of Tla'amin Private Lands, the Tla'amin Nation will:

a. provide reasonable notice to Canada, British Columbia and the public of the proposed designation; and

b. consider views advanced by Canada, British Columbia or the public in respect of the proposed designation.

6. Where the designation of Tla'amin Lands as Tla'amin Private Lands has or will have the effect of preventing public access to an area or location to which there is a public right of access under Federal or Provincial Law, such as navigable waters or Provincial Crown Roads, the Tla'amin Nation will provide reasonable alternative means of public access to that area or location.

7. For greater certainty, paragraph 6 will not apply where British Columbia and the Tla'amin Nation agree that a reasonable alternative means of public access across provincial Crown land already exists.

PUBLIC ACCESS ON TLA'AMIN PUBLIC LANDS

8. The Tla'amin Nation will allow reasonable public access on Tla'amin Public Lands for temporary recreational and non-commercial purposes, including reasonable access for the public to hunt and fish on Tla'amin Public Lands.

9. Public access under paragraph 8 will be in accordance with Tla'amin Law respecting public access to Tla'amin Public Lands.

10. Public access to Tla'amin Public Lands does not include:

a. the harvesting or extraction of resources owned by the Tla'amin Nation unless authorized by the Tla'amin Nation or as set out in this Agreement;

b. causing mischief or nuisance;

c. causing damage to Tla'amin Public Lands or resources owned by the Tla'amin Nation; or

d. interfering with other uses authorized by the Tla'amin Nation or interfering with the ability of the Tla'amin Nation to authorize uses or dispose of Tla'amin Public Lands.

11. Any hunting or fishing on Tla'amin Public Lands by the public will be in accordance with Federal and Provincial Law.

TLA'AMIN PUBLIC ACCESS PERMITS

12. For the purpose of monitoring and regulating public access under paragraph 8, the Tla'amin Nation may require persons other than Tla'amin Citizens to obtain a permit or licence or to sign a waiver.

13. The Tla'amin Nation will make any permits, licences or waivers which may be required under paragraph 12 reasonably available at a reasonable fee taking into account the administrative and other costs of monitoring and regulating public access.

NOTICE OF TERMS AND CONDITIONS OF PUBLIC ACCESS

14. The Tla'amin Nation will take reasonable measures to notify the public of the terms and conditions respecting public access on Tla'amin Public Lands, including any requirement under paragraph 12.

15. The Tla'amin Nation will notify Canada and British Columbia of any proposed Tla'amin Law that would significantly affect public access on Tla'amin Public Lands. Upon request, the Tla'amin Nation will discuss the proposed law with Canada or British Columbia.

PUBLIC RIGHT OF NAVIGATION

16. Nothing in this Agreement affects the public right of navigation.

LAW-MAKING AUTHORITY

17. The Tla'amin Nation may make laws regulating public access on Tla'amin Lands for:

a. the prevention of harvesting or extracting of resources owned by the Tla'amin Nation; and

b. the protection of Heritage Sites.

18. Tla'amin Law under paragraph 17 prevails to the extent of a Conflict with Federal or Provincial Law.

19. The Tla'amin Nation may make laws regulating public access on Tla'amin Lands for:

a. the purposes of public safety;

b. the prevention of nuisance or damage, including forest fire prevention; and

c. the protection of sensitive habitat.

20. Federal or Provincial Law prevails to the extent of a Conflict with Tla'amin Law under paragraph 19.

ACCESS TO TENURES

21. The Tla'amin Nation will allow reasonable access at no cost to any tenure located on or beneath Tla'amin Lands, consistent with the terms and conditions of those tenures.

22. Where no other reasonable access exists across Crown land, the Tla'amin Nation will allow reasonable access at no cost across Tla'amin Lands to any tenure located on or beneath lands adjacent or in close proximity to Tla'amin Lands, consistent with the terms and conditions of those tenures.

23. For greater certainty, nothing in paragraph 21 or 22 obligates the Tla'amin Nation to pay any costs associated with access to a tenure referred to in those paragraphs.

ACCESS TO ESTATES IN FEE SIMPLE

24. The Tla'amin Nation will allow reasonable access to the fee simple estates listed in Part 6 of Appendix F-4 in accordance with subparagraph 51.d.iii of the Lands Chapter.

25. Where no other reasonable access exists across Crown land, the Tla'amin Nation will allow reasonable access at no cost across Tla'amin Lands to any fee simple estate adjacent or in close proximity to Tla'amin Lands.

26. For greater certainty, nothing in paragraph 24 or 25 obligates the Tla'amin Nation to pay any costs associated with access to a fee simple estate referred to in those paragraphs.

SUNSHINE COAST TRAIL

27. The Tla'amin Nation will allow reasonable public access to and use of those portions of the Sunshine Coast Trail on Tla'amin Lands for temporary recreational purposes subject to the conditions set out in paragraph 10.

28. The Tla'amin Nation is not responsible for the management or maintenance of those portions of the Sunshine Coast Trail on Tla'amin Lands or any other portion of the Sunshine Coast Trail.

29. On the Effective Date, the Tla'amin Nation and the Powell River Parks and Wilderness Society will enter into an agreement in substantially the form set out in Part 2 of Appendix K relating to the management and maintenance of the Sunshine Coast Trail.

30. For the purposes of paragraph 27, the Tla'amin Nation has no duty of care to an individual in respect of risks willingly assumed by that individual other than a duty not to:

a. create a danger with intent to do harm to the individual or damage to the individual's property; or

b. act with reckless disregard to the safety of the individual or the integrity of the individual's property.

31. An individual using the Sunshine Coast Trail on Tla'amin Lands is deemed to have willingly assumed all risks. The Tla'amin Nation is subject only to the duty of care set out in paragraph 30 where the Tla'amin Nation receives no payment or other consideration for the use or activity, other than a payment or other consideration from a government, government agency or a non-profit recreational club or association.

CROWN ACCESS TO TLA'AMIN LANDS

32. Agents, employees, contractors and other representatives of Canada, British Columbia or Public Utilities, and members of the Canadian Armed Forces and peace officers, will have access to Tla'amin Lands, at no cost, in order to:

a. enforce laws;

b. carry out duties under Federal and Provincial Law;

c. carry out inspections;

d. respond to emergencies and natural disasters;

e. deliver programs and services; and

f. carry out other specified purposes as set out in this Agreement.

33. Any access under paragraph 32 will be in accordance with Federal and Provincial Law, including the payment of compensation for any damage to Tla'amin Lands where required by Federal or Provincial Law.

34. If at any time a Railway runs through or adjacent to Tla'amin Lands, paragraph 32 shall be read to also apply to agents, employees, contractors and other representatives of Railways.

35. The Department of National Defence and the Canadian Armed Forces will have access to Tla'amin Lands for military training with the agreement of the Tla'amin Nation. Failing agreement on conditions for the exercise of that access, the Minister of National Defence may refer the dispute for resolution under the Dispute Resolution Chapter but the Department of National Defence and the Canadian Armed Forces may not exercise that access until the dispute has been resolved.

36. Nothing in this Agreement limits the authority of the Minister of National Defence under section 257 of the National Defence Act.

37. This Agreement does not affect the ability of individuals acting in an official capacity pursuant to lawful authority to have access to Tla'amin Lands.

38. Unless otherwise agreed, Canada or British Columbia, as the case may be, will provide reasonable notice of entry onto Tla'amin Lands under paragraph 32 to the Tla'amin Nation:

a. before the entry, if it is practicable to do so; or

b. as soon as practicable after the entry.

39. The requirement to provide reasonable notice under paragraph 38 does not apply to peace officers, investigators, or federal or provincial law enforcement officers carrying out duties under Federal or Provincial Law.

TLA'AMIN ACCESS OFF TLA'AMIN LANDS

40. Agents, employees, contractors and other representatives of the Tla'amin Nation may have access off Tla'amin Lands, at no cost, in order to:

a. enforce laws;

b. carry out inspections;

c. respond to emergencies and natural disasters;

d. deliver programs and services; and

e. carry out other specified purposes as set out in this Agreement.

41. Any access under paragraph 40 will be in accordance with Federal and Provincial Law, including the payment of compensation for any damage where required by Federal or Provincial Law.

42. Unless otherwise agreed, the Tla'amin Nation will provide reasonable notice of entry onto Crown land under paragraph 40 to Canada or British Columbia, as the case may be:

a. before the entry if it is practicable to do so; or

b. as soon as practicable after the entry.

43. Tla'amin Citizens will have reasonable access to the Tla'amin Fishing Area, Wildlife and Migratory Birds Harvest Area and the Tla'amin Plant Gathering Area to allow for the exercise of the Tla'amin Nation's rights set out in this Agreement, subject to Federal and Provincial Law.

44. Where an authorized use or disposition of provincial Crown land would deny the Tla'amin Nation reasonable access to Tla'amin Lands, British Columbia will allow reasonable access across provincial Crown land.