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Despite the above date, the Schedule to the Act, including the Map of Nisg̱a'a Lands and the Appendices, is current to May 11, 2000. See "Amending Agreements" for amendments to the Schedule.

CHAPTER 6

ACCESS

NISG̱A'A PUBLIC LANDS

Nisg̱a'a Rights and Obligations

1. Except as modified by this Agreement, the Nisg̱a'a Nation, as owner of Nisg̱a'a Lands, has the same rights and obligations in respect of public access to Nisg̱a'a Lands as other owners of estates in fee simple have in respect of public access to their land, and in respect of Nisg̱a'a Public Lands, the Nisg̱a'a Nation has liabilities similar to those of the Crown in respect of unoccupied Crown land.

Reasonable Public Access

2. Nisg̱a'a Lisims Government will allow reasonable public access to and onto Nisg̱a'a Public Lands for temporary non-commercial and recreational uses, but public access does not include:

a. harvesting or extracting resources unless authorized by Nisg̱a'a Lisims Government or as set out in this Chapter;

b. causing damage to Nisg̱a'a Lands or resources;

c. causing mischief or nuisance; or

d. interfering with other uses authorized by Nisg̱a'a Lisims Government, or interfering with the ability of Nisg̱a'a Lisims Government to authorize uses of or dispose of Nisg̱a'a Public Lands, or to designate Nisg̱a'a Public Lands as Nisg̱a'a Private Lands or Nisg̱a'a Village Lands.

3. Nisg̱a'a Lisims Government may make laws in accordance with the Nisg̱a'a Government Chapter regulating public access to and onto Nisg̱a'a Public Lands, for purposes such as:

a. public safety;

b. the prevention of nuisance or damage, including fires;

c. the protection of sensitive habitat areas or heritage sites; and

d. the prevention of harvesting or extracting of resources.

Public Access for Hunting and Fishing on Nisg̱a'a Public Lands

4. Nisg̱a'a Lisims Government will provide reasonable opportunities for the public to hunt and fish on Nisg̱a'a Public Lands but, as the Nisg̱a'a Nation is the owner of the land on the effective date, only Nisg̱a'a citizens have the right to hunt and fish on Nisg̱a'a Lands.

5. Hunting and fishing by the public under paragraph 4 will be in accordance with paragraphs 6 and 7, federal and provincial laws of general application, annual management plans, and any laws enacted by Nisg̱a'a Lisims Government regulating public access.

6. An annual management plan will specify the level of harvest of each designated species, and any other species that the Minister and Nisg̱a'a Lisims Government agree should be included in the annual management plan, that may be harvested on Nisg̱a'a Public Lands by persons other than Nisg̱a'a citizens, having regard to Nisg̱a'a preferences for harvesting wildlife under Nisg̱a'a wildlife entitlements on Nisg̱a'a Lands, and the availability of that species in the rest of the Nass Wildlife Area.

7. Nisg̱a'a Lisims Government may, for the purpose of monitoring and regulating public access for hunting and fishing under paragraph 4, require persons other than Nisg̱a'a citizens to obtain a permit or licence. Those permits or licences will be reasonably available at a reasonable fee taking into account the administrative and other costs of the monitoring and regulating.

Notice of Terms and Conditions in Respect of Public Access

8. Nisg̱a'a Lisims Government and British Columbia will take reasonable measures to notify the public of terms and conditions in respect of public access to and onto Nisg̱a'a Public Lands.

9. Nisg̱a'a Lisims Government will consult with Canada and British Columbia in respect of any proposed Nisg̱a'a laws that would significantly affect the regulation of public access to and onto Nisg̱a'a Public Lands.

10. Nisg̱a'a Lisims Government will notify Canada and British Columbia of the location and boundaries of Nisg̱a'a Village Lands and Nisg̱a'a Private Lands.

11. If Nisg̱a'a Lisims Government intends to change the locations or boundaries of Nisg̱a'a Village Lands or Nisg̱a'a Private Lands, it will provide reasonable notice to British Columbia and Canada of the proposed changes.

12. If Nisg̱a'a Lisims Government intends to change the locations or boundaries of Nisg̱a'a Village Lands or Nisg̱a'a Private Lands, it will take reasonable steps to notify the public, and it will consider any views advanced in respect of the proposed changes by any individual who would be adversely affected, but the changes may not be set aside on the ground of insufficient notice.

Alternative Access

13. If the designation of Nisg̱a'a Public Lands as Nisg̱a'a Village Lands or Nisg̱a'a Private Lands has the effect of preventing public access to an area or location to which there is a public right of access under federal or provincial laws of general application such as navigable waters or Crown roads, Nisg̱a'a Lisims Government will provide reasonable alternative means of public access to that area or location.

NAVIGABLE WATERS

14. This Agreement does not affect public rights of access on navigable waters within Nisg̱a'a Lands.

CROWN ACCESS TO NISG̱A'A LANDS

15. Agents, employees, and contractors of Canada or British Columbia, police officers appointed under federal or provincial legislation, and members of the Canadian Armed Forces, in accordance with federal and provincial laws of general application, may enter, cross, and stay temporarily on Nisg̱a'a Lands to deliver and manage programs and services, to carry out inspections under law, to enforce laws, to carry out the terms of this Agreement, and to respond to emergencies.

16. Canada or British Columbia will give reasonable notice of entry onto Nisg̱a'a Lands under paragraphs 15 or 17 to the Nisg̱a'a Nation:

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

b. in any event, as soon as practicable after the entry.

17. This Agreement does not limit the authority of Canada or the Minister of National Defence to carry out activities related to national defence and security, in accordance with federal laws of general application.

18. Canada will give reasonable notice of entry onto the Nass Area under paragraph 17 to the Nisg̱a'a Nation:

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

b. in any event, as soon as practicable after the entry.

19. Persons who enter, cross, and stay temporarily on Nisg̱a'a Lands under paragraphs 15 or 17 are subject to Nisg̱a'a laws except to the extent that those laws unduly interfere with the carrying out of their duties, and they are not subject to payment of fees or compensation except as required by federal or provincial law in respect of the payment of fees or compensation for access on land owned in fee simple.

NISG̱A'A ACCESS TO OTHER LANDS

20. Agents, employees, and contractors of the Nisg̱a'a Nation, Nisg̱a'a Villages, and Nisg̱a'a Corporations, and members of the Nisg̱a'a Police Service, in accordance with laws of general application, may enter, cross, and stay temporarily on lands off of Nisg̱a'a Lands to deliver and manage government programs and services, to carry out inspections under law, to enforce laws, to carry out the terms of this Agreement, and to respond to emergencies.

21. Persons who enter, cross, and stay temporarily on lands under paragraph 20 are not subject to payment of fees or compensation except to the extent that federal or provincial law requires the payment of fees or compensation by or on behalf of agents, employees, or contractors of federal or provincial governments.

22. The Nisg̱a'a Nation, Nisg̱a'a Villages, or Nisg̱a'a Corporations will give reasonable notice of entry onto lands under paragraph 20 to Canada or British Columbia as the case may be:

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

b. in any event, as soon as practicable after the entry.

23. Nisg̱a'a citizens will have reasonable access to and onto Crown lands that are outside of Nisg̱a'a Lands, including streams and highways, to allow for the exercise of Nisg̱a'a rights set out in this Agreement and for the normal use and enjoyment of Nisg̱a'a interests set out in this Agreement, including the use of resources for purposes incidental to the normal use and enjoyment of those rights or interests, provided that this access does not interfere with other authorized uses or the ability of the Crown to authorize uses or dispose of Crown land.

24. If an authorized use or disposition of Crown land would deny Nisg̱a'a citizens reasonable access or use of resources, as contemplated by paragraph 23, the Crown will ensure that alternative reasonable access is provided.

ACCESS TO FEE SIMPLE PROPERTIES

25. If the owner of a parcel of land identified in Schedule 1 of Appendix B-2 reasonably requires a right of access to that parcel, Nisg̱a'a Government may not unreasonably withhold consent to that right of access if:

a. the owner of the parcel offers fair compensation; and

b. the owner of the parcel and Nisg̱a'a Government agree on the terms of access.

26. If the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Corporation, or a Nisg̱a'a citizen reasonably requires a right of access to a parcel of Nisg̱a'a Fee Simple Lands, British Columbia may not unreasonably withhold consent to that access if:

a. the Nisg̱a'a Nation, Nisg̱a'a Village, Nisg̱a'a Corporation or Nisg̱a'a citizen offers fair compensation; and

b. the Nisg̱a'a Nation, Nisg̱a'a Village, Nisg̱a'a Corporation or Nisg̱a'a citizen and British Columbia agree on the terms of access.

27. British Columbia or Nisg̱a'a Lisims Government may refer a dispute respecting consent to a right of access, terms of access, or fairness of compensation under paragraph 25 or 26 to be finally determined by binding arbitration under the Dispute Resolution Chapter.

Contents | Sections 1-70 | Schedule - Table of Contents | Preamble | Chapter 1 | Chapter 2 | Chapter 3 | Chapter 4 | Chapter 5 | Chapter 6 | Chapter 7 | Chapter 8 | Chapter 9 | Chapter 10 | Chapter 11 | Chapter 12 | Chapter 13 | Chapter 14 | Chapter 15 | Chapter 16 | Chapter 17 | Chapter 18 | Chapter 19 | Chapter 20 | Chapter 21 | Chapter 22 | Schedule - Map of Nisg̱a'a Lands | Appendix - Contents | Appendix - Introduction | Appendix A | Appendix B | Appendix C | Appendix D | Appendix E | Appendix F | Appendix G | Appendix H | Appendix I | Appendix J | Appendix K | Appendix L | Appendix M

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