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This Act is current to October 29, 2024 | |||
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force. |
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.
ROADS AND RIGHTS OF WAY
British Columbia Rights of Way Area on Effective Date
1. On the effective date, the total rights of way area of the British Columbia rights of way is deemed to equal 800 hectares, and this total is the basis of calculations under paragraph 2.
Additional Public Rights of Way
2. After the effective date, the Nisg̱a'a Nation or a Nisg̱a'a Village, on request by British Columbia, will grant to British Columbia, or to a public utility, rights of way on Nisg̱a'a Lands for public purposes, including provincial secondary roads or public utilities, in order to provide access or service to Nisg̱a'a Lands or other lands, subject to the following:
a. any grant must be on reasonable terms including the location of the requested right of way, its width considering the intended use, its effect on neighbouring lands, and payment of fair compensation;
b. British Columbia is not entitled to a grant under this paragraph if, on the date of the request, the total of the rights of way areas of all British Columbia rights of way plus the area of the requested grant would exceed the aggregate right of way maximum;
c. if any British Columbia right of way, or a portion of a British Columbia right of way, terminates, the right of way area of the terminated right of way will be excluded from the calculation of the total of the rights of way areas of all the British Columbia rights of way for the purposes of calculating British Columbia's entitlement in respect of the aggregate right of way maximum; and
d. if any dispute arises between British Columbia and the Nisg̱a'a Nation or a Nisg̱a'a Village in respect of the rights or obligations of either British Columbia, the Nisg̱a'a Nation or a Nisg̱a'a Village under this paragraph, including a dispute in respect of British Columbia's entitlement to the grant of a right of way for itself or for a public utility, or a dispute in respect of the terms of the grant, then any party to that dispute may refer the dispute to be finally determined by arbitration under Stage Three of the Dispute Resolution Chapter without having to proceed through Stage Two. The arbitrator's decision will be final on all matters in dispute, but the arbitrator will not have the authority to require British Columbia or a public utility to accept a grant of a right of way.
Preservation of Right to Grant Rights of Way and Approve Survey Plans
3. The Nisg̱a'a Nation, and each Nisg̱a'a Village, will preserve their respective rights to grant rights of way to British Columbia or a public utility on all Nisg̱a'a Lands, and to approve all survey plans as set out in paragraph 5.
Ownership of Works and Plant
4. Subject to any express provision, in respect of ownership, in a grant of a right of way, all works, including road surfacing, bridges, drainage works, public utility poles, wiring and related plant, underground piping, conduits and related plant, that are located on that right of way area:
a. are the property of the grantee of that grant from the Nisg̱a'a Nation or a Nisg̱a'a Village, for the duration of the grant; and
b. become the property of the Nisg̱a'a Nation or Nisg̱a'a Village upon the termination of the grant.
Approval of Survey Plans
5. For each grant of a right of way given on the effective date, the detailed location and dimensions of the right of way area will be deemed to be described conclusively in survey plans approved by the Nisg̱a'a Nation and the grantee, as follows:
a. a survey plan attached to a grant given on the effective date will be deemed to be approved by the Nisg̱a'a Nation and the grantee; and
b. for any portion of a right of way area that is not described in any survey plan attached to the grant given on the effective date, either the Nisg̱a'a Nation or the grantee may deliver to the other, at any time, a survey plan for approval in writing. If approval is not given within 30 days, then the Nisg̱a'a Nation or the grantee may refer the matter in dispute to dispute resolution for final determination, as set out in the grant.
Application of Nisg̱a'a Law
6. Nisg̱a'a laws apply to secondary provincial road rights of way areas, public utility rights of way areas, and works under licence to British Columbia or a public utility from the Nisg̱a'a Nation or a Nisg̱a'a Village, to the extent that the Nisg̱a'a laws do not:
a. impair the ability to use and occupy a right of way area for the purposes for which the right of way was granted;
b. specify a more stringent standard of design or operation for road or utility works that are on a right of way area, or under licence, than is set out in federal or provincial laws of general application in British Columbia; or
c. impair the ability to use any works under licence for the purposes for which the licence was granted.
7. Any right of way, other interest, or licence, granted under this Chapter on the effective date, will be in the applicable form set out in Appendix C-3 or C-4 and will include any modification agreed upon in writing before the effective date by the Nisg̱a'a Tribal Council and the person entitled to the right of way, other interest, or licence.
Ownership of the Nisg̱a'a Highway Corridor
8. As of the effective date, British Columbia owns the Nisg̱a'a Highway corridor to use as a public highway, and the Parties will execute documents and take reasonable steps to the extent necessary to provide British Columbia administration, control, and ownership of the Nisg̱a'a Highway corridor.
Description of Nisg̱a'a Highway Corridor
9. As of the effective date, the Nisg̱a'a Highway corridor consists of the lands set out in Schedule A. The detailed location and dimensions of the Nisg̱a'a Highway corridor are deemed to be described conclusively in survey plans approved by the Nisg̱a'a Nation and British Columbia, as follows:
a. on or after the effective date, either the Nisg̱a'a Nation or British Columbia may deliver to the other a survey plan of all or any portion of the Nisg̱a'a Highway corridor for approval by the other in writing; and
b. if approval is not given within 30 days, then either the Nisg̱a'a Nation or British Columbia may refer the matter to be finally determined by arbitration under Stage Three of the Dispute Resolution Chapter.
Nisg̱a'a Highway Corridor Dimensions
10. Unless otherwise described in a survey plan approved under paragraph 9, the width of the Nisg̱a'a Highway corridor is 30 metres, except that the width is greater than 30 metres where required to include those:
a. bridges, drainage, and support works, and other road works; and
b. cuts and fills, plus an additional three metres on both sides, measured from the toe of the fill, and from the top of the cut
that are part of the Nisg̱a'a Highway existing on the effective date.
Closure of Nisg̱a'a Highway
11. If British Columbia discontinues and closes any portion of the Nisg̱a'a Highway corridor:
a. it will transfer to the Nisg̱a'a Nation the estate in fee simple, as described in paragraph 3 of the Lands Chapter, for that portion of the Nisg̱a'a Highway corridor;
b. that portion of the Nisg̱a'a Highway corridor will cease to be a part of the Nisg̱a'a Highway corridor; and
c. the Nisg̱a'a Nation may make that portion of the Nisg̱a'a Highway corridor Nisg̱a'a Lands, in accordance with the process referred to in paragraph 9 of the Lands Chapter.
Relocation of Nisg̱a'a Highway
12. If the Nisg̱a'a Nation or a Nisg̱a'a Village requires a portion of the Nisg̱a'a Highway corridor for another purpose, the Nisg̱a'a Nation or that Nisg̱a'a Village may request British Columbia to relocate that portion of the Nisg̱a'a Highway corridor and, if:
a. the new location is reasonably suitable for use as a highway of a comparable standard considering construction, maintenance, operation, and costs; and
b. the Nisg̱a'a Nation or that Nisg̱a'a Village pays all reasonable costs, including costs of design, planning, supervision, land, and construction
British Columbia will not unreasonably refuse to undertake the relocation.
13. If a portion of the Nisg̱a'a Highway corridor is relocated:
a. British Columbia will transfer to the Nisg̱a'a Nation or Nisg̱a'a Village, as the case may be, the estate in fee simple, as described in paragraph 3 of the Lands Chapter, to that portion of the Nisg̱a'a Highway corridor that is abandoned;
b. that portion of the Nisg̱a'a Highway corridor will cease to be a part of the Nisg̱a'a Highway corridor;
c. the Nisg̱a'a Nation may make that portion of the Nisg̱a'a Highway corridor Nisg̱a'a Lands, in accordance with the process referred to in paragraph 9 of the Lands Chapter; and
d. the Nisg̱a'a Nation or that Nisg̱a'a Village, as the case may be, will transfer to British Columbia the estate in fee simple, as described in paragraph 3 of the Lands Chapter, to the area of land in the relocated portion of the Nisg̱a'a Highway corridor and that area of land will no longer be Nisg̱a'a Lands.
14. A relocation under paragraph 12 does not affect the calculation of the total area of all British Columbia rights of way.
Highway Alignment
15. British Columbia will exercise its expropriation powers in respect of fee simple lands, on the alignment of the Nisg̱a'a Highway, that are not Nisg̱a'a Lands in the same manner as it exercises those powers in respect of comparable highways elsewhere in British Columbia.
Nisg̱a'a Highway Extension to Highway 37
16. British Columbia will consider the extension of the Nisg̱a'a Highway from Nass Camp to connect with Highway 37, in accordance with provincial priorities and having regard to British Columbia's long term goal of completing that extension.
Secondary Provincial Roads Rights of Way Grants
17. On the effective date, the Nisg̱a'a Nation will grant to British Columbia, in accordance with this Agreement, the rights of way for secondary provincial roads as set out in Appendix C-1, Part 3.
Form of Grant
18. Grants for secondary provincial road rights of way on the effective date will be substantially in the form of Appendix C-4, Document 1 and will include by reference all of the provisions of this Agreement that apply to secondary provincial road rights of way, which provisions will be subject to any express provisions in the grant.
19. Unless the Nisg̱a'a Nation and British Columbia otherwise agree, grants for secondary provincial road rights of way granted after the effective date will be in the form and on the terms referred to in paragraph 18.
Rights and Privileges
20. A grant of a right of way for a secondary provincial road right of way area will provide British Columbia with the full, free and uninterrupted right, liberty and right of way, in perpetuity, for the purposes of using, constructing, re-constructing, repairing, improving, upgrading, and maintaining, as provided in this Agreement:
a. a secondary provincial road on the right of way area as a road open to the public;
b. a secondary provincial road on the right of way area as a road open to industrial or resource users and, as safety permits, to the public; or
c. works for public utility purposes.
21. The grant in paragraph 20 will provide British Columbia, its employees, representatives, agents, contractors, and permittees the right to enter onto the secondary provincial road rights of way areas for the purposes referred to in paragraph 20.
Secondary Provincial Road Rights of Way Area Dimensions
22. Unless otherwise described in a survey plan approved under paragraph 5, the width of a secondary provincial road right of way area is 20 metres, except that the width is greater than 20 metres where required to include those:
a. bridges, drainage, and support works, and other road works; and
b. cuts and fills, plus an additional three metres on both sides, measured from the toe of the fill, and from the top of the cut
that are part of the secondary provincial road existing on the effective date.
Nisg̱a'a Assignment of Secondary Provincial Road
23. The Nisg̱a'a Nation may not, without the written consent of British Columbia, assign or transfer any of its interest in any Nisg̱a'a Lands that are subject to a secondary provincial road right of way except to a Nisg̱a'a Village.
24. Upon an assignment or transfer to a Nisg̱a'a Village:
a. the Nisg̱a'a Nation will, subject to a re-transfer or re-assignment of the interest to the Nisg̱a'a Nation, be deemed to be released of its obligations under the secondary provincial road right of way; and
b. the Nisg̱a'a Village will not assign or transfer the interest to any third party without the written consent of British Columbia.
British Columbia Assignment of Secondary Provincial Road
25. British Columbia may not without the written consent of the Nisg̱a'a Nation assign or transfer any of its interest in any secondary provincial road right of way area except for an assignment to:
a. a British Columbia Crown corporation or other British Columbia entity; or
b. to a lender as security for a borrowing by British Columbia
and no assignment or transfer will act as a release of any of British Columbia's obligations as set out in this Agreement, or delegate, alter, or affect any of the regulatory powers of British Columbia.
Indemnity For Secondary Provincial Roads
26. British Columbia will indemnify and save harmless the Nisg̱a'a Nation and each Nisg̱a'a Village, as the case may be, from any:
a. costs, excluding fees and disbursements of solicitors and other professional advisors;
b. damages;
c. losses; or
d. liabilities
that the Nisg̱a'a Nation or a Nisg̱a'a Village, respectively, may suffer or incur in connection with, or as a result of, any claims, demands, actions, or proceedings arising out of or relating to a secondary provincial road right of way area, except to the extent that those costs, damages, losses, and liabilities were caused by the Nisg̱a'a Nation or that Nisg̱a'a Village.
Abandonment of Secondary Provincial Roads
27. British Columbia may abandon any secondary provincial road by giving written notice to the Nisg̱a'a Nation.
28. Subject to:
a. the express provisions in the grant of a right of way of a secondary provincial road referred to in paragraph 27; and
b. agreement by the Nisg̱a'a Nation or a Nisg̱a'a Village to assume responsibility for that secondary provincial road
British Columbia will be responsible to decommission that road, remove any structures from it, or take the steps required under federal and provincial laws of general application that apply to comparable roads adjacent to private lands.
29. If, under paragraph 28, there are no applicable federal or provincial laws of general application, British Columbia will take the steps reasonably required to protect adjacent Nisg̱a'a Lands and the public from damage or injury that might result from the continued existence of the secondary provincial road.
30. The grant of a right of way will be terminated on the date set out in the termination notice given under paragraph 27, except that British Columbia's liability obligations, and obligations under paragraphs 28 and 29 existing at the date of termination, will survive the termination.
Rights of Way for Secondary Provincial Road Extensions
31. On request of British Columbia and subject to the aggregate right of way maximum, the Nisg̱a'a Nation or a Nisg̱a'a Village will give a grant substantially in the form of Appendix C-4, Document 1 granting:
a. rights of way for secondary provincial roads for the three roads connecting the North Hoodoo Road with the easterly boundary of Nisg̱a'a Lands as shown generally in Appendix C-1, Part 3; and
b. rights of way to extend or add to the provincial secondary roads in accordance with paragraph 2.
Public Utilities on Crown Road Rights of Way Areas
32. British Columbia will permit public utilities to use the Nisg̱a'a Highway corridor and the secondary provincial road rights of way areas to install, operate, and maintain utility transmission and distribution works to the extent that, in the reasonable judgement of British Columbia, those works will not interfere with the safe and prudent use of the existing road or existing public utility works.
Other Uses within Crown Road Rights of Way Areas
33. British Columbia will authorize the use of the Nisg̱a'a Highway corridor and the secondary provincial road rights of way areas for uses other than road and public utility uses as follows:
a. British Columbia will issue a permit for a use if:
i. the Nisg̱a'a Nation or a Nisg̱a'a Village has issued a permit for that use, and
ii. in the reasonable judgment of British Columbia, the use will be safe and will not interfere with the existing road or existing public utility works; and
b. British Columbia may:
i. attach to a permit issued under subparagraph (a) conditions in respect of safety or interference,
ii. terminate a permit issued under subparagraph (a) without compensation if the use is unsafe or interferes with the existing or proposed road or existing or proposed public utility works, or
iii. charge fees for a permit issued under subparagraph (a), which do not exceed British Columbia's actual reasonable costs of issuing the permit.
Entry on Nisg̱a'a Lands Outside Crown Road Rights of Way
34. In addition to the provisions of paragraph 15 of the Access Chapter, and subject to the provisions of a grant of a secondary provincial road right of way, British Columbia, its employees, agents, contractors, or representatives may enter onto Nisg̱a'a Lands outside the Nisg̱a'a Highway corridor, or outside a provincial secondary road right of way area, for the purpose of undertaking works, including:
a. constructing drainage works;
b. maintaining slope stability; or
c. removing danger trees or other hazards
as required for the protection, care, maintenance, or construction of road or public utility works.
35. Before commencing any work referred to in paragraph 34, British Columbia will deliver a written work plan describing the effect and extent of the proposed work on Nisg̱a'a Lands to the Nisg̱a'a Nation or a Nisg̱a'a Village, as the case may be, for approval.
36. The Nisg̱a'a Nation or a Nisg̱a'a Village, as the case may be, will not unreasonably withhold approval of the work plan delivered by British Columbia, considering the effect of the proposed work, including the cost of the proposed work compared to the cost of alternate solutions, the extent of the risk of not undertaking the proposed work, and the impact of the proposed work on Nisg̱a'a Lands.
37. If British Columbia and the Nisg̱a'a Nation or a Nisg̱a'a Village, as the case may be, do not agree on a work plan requested by British Columbia within 30 days of receipt by the Nisg̱a'a Nation or that Nisg̱a'a Village of the proposed work plan, either party may refer the disagreement to be finally determined by arbitration under Stage Three of the Dispute Resolution Chapter, without having to proceed through Stage Two.
38. In undertaking works referred to in paragraph 34, British Columbia will minimize the damage to, and time spent on, Nisg̱a'a Lands.
39. British Columbia will pay fair compensation for any interference with, or damage to, Nisg̱a'a Lands adjacent to the work referred to in paragraph 34. Either party may refer a disagreement in respect of compensation to be finally determined by arbitration under Stage Three of the Dispute Resolution Chapter.
40. Notwithstanding any other provision of this Agreement, in an emergency, British Columbia may undertake works and take steps, on Nisg̱a'a Lands, that are reasonably required to be taken immediately in order to protect works constructed on the Nisg̱a'a Highway corridor or a secondary provincial road right of way area, or to protect persons or vehicles using the Nisg̱a'a Highway or a secondary provincial road.
41. In the event of an emergency referred to under paragraph 40, British Columbia will, as soon as practicable, notify the Nisg̱a'a Nation or the relevant Nisg̱a'a Village, as the case may be, in writing that it has undertaken emergency work on Nisg̱a'a Lands.
Consultation Regarding Traffic Regulation
42. Upon request of the Nisg̱a'a Nation or a Nisg̱a'a Village, British Columbia will consult with the Nisg̱a'a Nation or that Nisg̱a'a Village with respect to regulation of traffic and transportation on the Nisg̱a'a Highway or a secondary provincial road that is adjacent to a settled area on Nisg̱a'a Lands.
Access and Safety Regulation
43. British Columbia has the right to regulate all matters relating to:
a. the location and design of intersecting roads giving access to the Nisg̱a'a Highway or secondary provincial roads, including:
i. regulating or requiring signs, signals, and other traffic control devices on Nisg̱a'a Highway corridor and the secondary provincial road rights of way areas,
ii. regulating or requiring merging lanes, on ramps and off ramps, or
iii. requiring contributions to the cost of (i) and (ii) above; and
b. the height and location of structures on Nisg̱a'a Lands immediately adjacent to the Nisg̱a'a Highway corridor, or to a secondary provincial road right of way area, only to the extent reasonably required to protect the safety of the users of the Nisg̱a'a Highway and secondary provincial roads.
44. Subject to other provisions of this Agreement, British Columbia has no authority to zone or otherwise regulate land use on Nisg̱a'a Lands adjacent to the Nisg̱a'a Highway corridor or secondary provincial road rights of way areas.
45. The Nisg̱a'a Nation or a Nisg̱a'a Village, as the case may be, will consult with British Columbia on land use decisions relating to the development of Nisg̱a'a Lands adjacent to the Nisg̱a'a Highway corridor.
Temporary Closure of Crown Roads
46. Subject to paragraph 47, British Columbia may temporarily close a portion of the Nisg̱a'a Highway or a secondary provincial road for reasons of safety, or for reasons of care and maintenance of the Nisg̱a'a Highway or a secondary provincial road.
Administration of the Nisg̱a'a Highway and Secondary Provincial Roads
47. British Columbia will administer the Nisg̱a'a Highway and secondary provincial roads, including closing, abandoning, and maintaining them, in the same manner as it administers comparable roads elsewhere in British Columbia.
Relocation of Secondary Provincial Roads
48. If the Nisg̱a'a Nation or a Nisg̱a'a Village requires a portion of a secondary provincial road right of way area for another purpose, the Nisg̱a'a Nation or that Nisg̱a'a Village may request British Columbia to relocate that portion of the right of way area, and if:
a. the new location is reasonably suitable for use as a road of a comparable standard considering construction, maintenance, operation, and costs; and
b. the Nisg̱a'a Nation or that Nisg̱a'a Village pays all reasonable costs, including costs of design, planning, supervision, land, and construction
British Columbia will not unreasonably refuse to undertake the relocation.
49. If a portion of a right of way is relocated under paragraph 48, the right of way will be terminated for the portion of the road right of way area that is abandoned, and the Nisg̱a'a Nation or Nisg̱a'a Village will grant a new right of way for the relocated secondary provincial road.
50. A relocation under paragraph 48 does not have any impact on the calculation of the total rights of way area of British Columbia rights of way.
Maintenance
51. Subject to any agreement between British Columbia and the Nisg̱a'a Nation or a Nisg̱a'a Village in respect of a secondary provincial road, the Nisg̱a'a Nation and each Nisg̱a'a Village has no responsibility or liability for maintenance or repair of the Nisg̱a'a Highway or a secondary provincial road.
Use of Existing Gravel Pits on Nisg̱a'a Lands
52. British Columbia may enter, without charge, onto Nisg̱a'a Lands to extract gravel materials from pits existing on the effective date to construct and maintain the Nisg̱a'a Highway or secondary provincial roads.
53. As soon as practicable after the effective date, British Columbia will prepare gravel management plans for the gravel materials pits existing on the effective date as set out in Schedule B, and submit them to the Nisg̱a'a Nation or a Nisg̱a'a Village, as the case may be, for approval, which approval will not be unreasonably withheld.
54. British Columbia, the Nisg̱a'a Nation and each Nisg̱a'a Village will comply with the provisions of an approved gravel management plan.
55. Without preparing a gravel management plan, British Columbia may continue to use a gravel materials pit that is not listed in Schedule B and that, as of the effective date, British Columbia has been using intermittently as a source of gravel materials for local road maintenance, but if the rate of extraction from that pit increases materially, British Columbia will prepare a gravel management plan for that pit in accordance with paragraph 53.
Development of New Gravel Materials Pits on Nisg̱a'a Lands
56. Subject to paragraph 57, British Columbia may enter, without charge, onto Nisg̱a'a Lands to locate and extract sufficient quantities of unprocessed gravel materials from natural deposits as may exist on Nisg̱a'a Lands for use by British Columbia to construct and maintain the Nisg̱a'a Highway or secondary provincial roads.
57. Before undertaking any excavation for gravel material samples or other exploration work on Nisg̱a'a Lands under paragraph 56, British Columbia will prepare a written exploration plan, indicating generally the proposed location of exploration and the method and extent of proposed work, for approval by the Nisg̱a'a Nation or the Nisg̱a'a Village, as the case may be, which approval will not be unreasonably withheld.
58. In respect of a written exploration plan under paragraph 57:
a. British Columbia will select a proposed location to explore for a gravel materials pit, taking into account the effect of a development at that proposed location on:
i. the lands adjacent to the proposed location, and
ii. any unique attributes of the lands at the proposed location and adjacent lands; and
b. in considering whether to approve that plan, the Nisg̱a'a Nation or a Nisg̱a'a Village, as the case may be, will take account of the cost efficiencies of the proposed location in relation to alternate locations.
59. After approval is obtained under paragraph 57 for an exploration plan, British Columbia will prepare and obtain approval for a gravel management plan in accordance with paragraph 53 before commencing the development of any gravel materials pit.
Public Use and Right to Close Nisg̱a'a Roads to Public
60. Nisg̱a'a roads will be administered as follows:
a. the Nisg̱a'a Nation may close to the public any portion of a Nisg̱a'a road that is not within Nisg̱a'a Village Lands; and
b. a Nisg̱a'a Village will permit public use of those Nisg̱a'a roads on its Nisg̱a'a Village lands that would be open to the public in comparable communities elsewhere in British Columbia, and accordingly may close a Nisg̱a'a road in a Nisg̱a'a Village for safety reasons.
Maintenance
61. British Columbia is not responsible or liable for maintenance or repair of a Nisg̱a'a road.
Development of Gravel Materials Deposits on Crown Lands for Nisg̱a'a Use
62. Subject to paragraph 63, the Nisg̱a'a Nation may enter onto Crown lands to locate and extract, without charge, sufficient quantities of unprocessed gravel materials from natural deposits as may exist on Crown lands for use by the Nisg̱a'a Nation for public purposes.
63. The rights and obligations of British Columbia set out in paragraphs 52 to 59 and, as appropriate, British Columbia's normal application procedures, will apply to the Nisg̱a'a Nation, in respect of the location, development, and extraction of gravel materials on Crown lands, under paragraph 62.
64. British Columbia will not unreasonably withhold approval for any exploration plan or gravel management plan prepared and submitted by the Nisg̱a'a Nation under paragraph 63.
Grant of Private Road Rights of Way as of the Effective Date
65. On the effective date, the Nisg̱a'a Nation will grant private road rights of way for the private roads listed in Appendix C-1, Part 3.
Form of Grant for Private Road Rights of Way
66. Grants for private road rights of way given on the effective date will be substantially in the form of Appendix C-4, Document 2.
Termination of Private Rights of Way
67. Subject to the express provisions of a grant of a private road right of way, upon the termination of the interest or right to which that private road right of way provides access, the private road right of way will terminate.
Public Utility Rights of Way as of the Effective Date
68. On the effective date:
a. for public utility works located on a Crown road right of way area on Nisg̱a'a lands, British Columbia will be deemed to have granted the public utility the right to use the Crown road right of way area for the installation, operation, and maintenance of the existing utility transmission and distribution works, subject to regulation by British Columbia in the same manner as British Columbia regulates public utilities on road rights of way elsewhere in British Columbia;
b. for Hydro works not located on a Crown road right of way area, the Nisg̱a'a Nation will give the grants to Hydro, as set out in Appendix C-1, Part 2, substantially in the form set out in Appendix C-3, Document 1;
c. for BC TEL works not located on a Crown road right of way area, the Nisg̱a'a Nation will give the grants to BC TEL as set out in Appendix C-1, Part 2, substantially in the form set out in Appendix C-3, Document 2; and
d. to provide access across Nisg̱a'a Lands to Hydro rights of way areas and works, the Nisg̱a'a Nation will grant to Hydro rights of way as set out in Appendix C-1, Part 3, substantially in the form contained in Appendix C-4, Document 3.
Public Utilities on Crown Roads
69. Subject to this Chapter, public utilities may, with the prior written approval of British Columbia, locate utility transmission and distribution works on Crown roads rights of way areas.
Public Utilities on Nisg̱a'a Lands
70. Subject to this Chapter, Hydro and BC TEL may, with the prior written approval of the Nisg̱a'a Nation or a Nisg̱a'a Village, locate distribution works on Nisg̱a'a Lands to meet demands for service.
71. Hydro or BC TEL may, with the prior written approval of the Nisg̱a'a Nation or a Nisg̱a'a Village, install new works on Nisg̱a'a Lands and provide new service connections after the effective date on terms substantially as set out in:
a. Appendix C-3, Document 1 for Hydro; and
b. Appendix C-3, Document 2 for BC TEL
so that Hydro and BC TEL have the opportunity to extend their distribution systems according to their policies in other comparable communities in British Columbia.
72. The Nisg̱a'a Nation and each Nisg̱a'a Village will not unreasonably withhold approval for Hydro or BC TEL works referred to in paragraph 71.
73. Nothing in paragraph 71 or 72 requires Hydro or BC TEL to obtain approval from the Nisg̱a'a Nation or a Nisg̱a'a Village for usual service extensions or connections to works on a Crown road right of way area or a public utility right of way area.
Alterations to Hydro Rights of Way Areas
74. If under the terms of a grant of a Hydro right of way the Nisg̱a'a Nation or a Nisg̱a'a Village requires Hydro to:
a. relocate a portion of the Hydro right of way area for Hydro transmission or distribution works existing on the effective date; or
b. include within a Hydro right of way area Hydro transmission or distribution works that:
i. are located on Nisg̱a'a Lands outside of a Crown road right of way area or Hydro right of way area; and
ii. exist on the effective date
the relocation or inclusion will not have any impact on the calculation of the total rights of way area of British Columbia rights of way.
SCHEDULE A — NISG̱A'A HIGHWAY CORRIDOR
Section A — | Kincolith to that part of the southerly boundary of former Lachkaltsap Indian Reserve No. 9, shown as being the southerly boundary of Block A of District Lot 7051, Cassiar District, on Plan 12431, excluding the portion within District Lot 2 and District Lot 3965, being Red Bluff Indian Reserve No. 88, both in Range 5 Coast District Maps 103I.091, 103I.092, 103P.001, 103P.002, and 103P.003 |
Section B — | From the southerly boundary of former Lachkaltsap Indian Reserve No. 9 shown as being Block A of District Lot 7051, Cassiar District, on Plan 12431, to the southerly boundary of former Zaulzap Indian Reserve No. 29, being the southerly boundary of Anhluut'uksim Laxmihl Angwinga'Asanskwhl Nisg̱a'a (a.k.a Nisg̱a'a Memorial Lava Bed Park) Maps 103P.003, 103P.004, and 103P.014 |
Section C — | Anlaw Road (Gitwinksihlkw Access Road) between the easterly boundary of former Gitwinksihlkw Indian Reserve No. 7 and the left natural boundary of Nass River, which is also a portion of the boundary of Anhluut'uksim Laxmihl Angwinga'Asanskwhl Nisg̱a'a (a.k.a Nisg̱a'a Memorial Lava Bed Park) as shown on Land Act Survey Plan 11 Tube 1711 Map 103P.014 |
Section D — | Section running between the right natural boundary of Tseax River and the northerly boundary of the BC Hydro right of way lying within District Lot 1726, as shown on Plan 7237 on deposit in the Land Title Office in Prince George Maps 103P.025 and 103P.026 |
Section E — | Aiyansh Road No. 180 between the Nisg̱a'a Highway running through the Southeast 1/4 of District Lot 4011, Cassiar District, and the northerly boundary of the Northeast 1/4 of District Lot 4012, being part of the boundary of former New Aiyansh Indian Reserve No. 1 as shown on RS5608 (52-09-14) Map 103P.025 |
Section F — | Nass Forest Service Road (FSR 7876.01 – Section 01) running from junction of Nisg̱a'a Highway with Road No. 325 northeasterly to its intersection with the boundary of Nisg̱a'a Lands within District Lot 1751, Cassiar District Maps 103P.026 and 103P.036 |
SCHEDULE B — GRAVEL MATERIALS PITS ON NISG̱A'A LANDS
Aiyansh Pit (Sandhill) | Pit No. 5221 103P.025 |
Anudol Pit | Pit No. 5223 103P.003 |
Ansedagan Pit | Pit No. 5233 103P.014 |
Ginlulak Quarry | Pit No. 5224A 103P.003 |
Ksedin Pit | Pit No. 5222 103P.004 |
Kwinhak Pit | Pit No. 5256 103P.003 |
Zaulzap Quarry | Pit No. 5206 103P.014 |
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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