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This Act is current to November 1, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Maa-nulth First Nations Final Agreement Act

[SBC 2007] CHAPTER 43

Schedule

Maa-nulth First Nations Final Agreement

CHAPTER 5 — ACCESS

5.1.0  MAA‑NULTH FIRST NATIONS' RIGHTS AND OBLIGATIONS

5.1.1 Except as modified by this Agreement, each Maa‑nulth First Nation has the same rights and obligations in respect of public access to its Maa‑nulth First Nation Lands as other owners of estates in fee simple have in respect of public access to their land.

5.1.2 Each Maa‑nulth First Nation's liability for public access to its Maa‑nulth First Nation Lands, other than Maa‑nulth First Nation Private Lands, is comparable to the liability of the provincial Crown for public access to unoccupied provincial Crown lands.

5.2.0  DESIGNATION OF MAA‑NULTH FIRST NATION PRIVATE LANDS

5.2.1 On the Effective Date, the Maa‑nulth First Nation Lands identified for illustrative purposes as "Subject Lands" in Appendix H and legally described in Part 1 (a) of the applicable Appendices B-2 to B-5 are designated as Maa‑nulth First Nation Private Lands.

5.2.2 After the Effective Date, each Maa‑nulth First Nation may designate portions of its Maa‑nulth First Nation Lands as Maa‑nulth First Nation Private Lands if:

a. that Maa‑nulth First Nation has granted an Interest comparable to an Interest granted by British Columbia on provincial Crown lands that excludes public access; or

b. the Maa‑nulth First Nation Lands are used for commercial, cultural, resource development or other uses that are incompatible with public access.

5.2.3 If a Maa‑nulth First Nation intends to designate its Maa‑nulth First Nation Lands as Maa‑nulth First Nation Private Lands in accordance with 5.2.2, that Maa‑nulth First Nation will:

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

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

5.2.4 If a Maa‑nulth First Nation intends to change the locations or boundaries of Maa‑nulth First Nation Private Lands, it will:

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

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

5.2.5 If the designation of Maa‑nulth First Nation Public Lands as Maa‑nulth First Nation 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 Law or Provincial Law such as navigable waters or Crown roads, the applicable Maa‑nulth First Nation will provide reasonable alternative means of public access to that area or location.

5.2.6 Maa‑nulth First Nation Lands described as "Subject Lands" in Appendix I may not be designated by the applicable Maa‑nulth First Nation as Maa‑nulth First Nation Private Lands without the consent of British Columbia.

Designation and Use of Former Provincial Park Land

5.2.7 Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations acknowledges that the public continues to have an interest in being able to access, for recreational purposes, the Maa‑nulth First Nation Public Lands of Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations described as "Subject Lands" in Plans 1, 2, 4, 6 and 19 of Appendix B-2, Part 2 (a).

5.2.8 Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations will Consult with British Columbia before Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations designates any portion of those lands identified in 5.2.7 as its Maa‑nulth First Nation Private Lands.

5.2.9 Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations will manage its Maa‑nulth First Nation Lands identified in 5.2.7 to:

a. protect and maintain the biological diversity and natural environments in the area; and

b. prohibit commercial logging, mineral activities, hydro power generation, other than local run-of-the-river projects, or any other activity that is inconsistent with the recreational values of the area.

5.3.0  LAW-MAKING

5.3.1 Each Maa‑nulth First Nation Government may make laws regulating public access on the Maa‑nulth First Nation Lands of the applicable Maa‑nulth First Nation for the purpose of:

a. prevention of harvesting or extracting of resources owned by that Maa‑nulth First Nation; and

b. protection of that Maa‑nulth First Nation's Heritage Sites.

5.3.2 Maa‑nulth First Nation Law under 5.3.1 prevails to the extent of a Conflict with Federal Law or Provincial Law.

5.3.3 Each Maa‑nulth First Nation Government may make laws regulating public access on the Maa‑nulth First Nation Lands of the applicable Maa‑nulth First Nation for the purpose of:

a. public safety;

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

c. protection of sensitive habitat.

5.3.4 Federal Law or Provincial Law prevails to the extent of a Conflict with Maa‑nulth First Nation Law under 5.3.3.

5.3.5 Each Maa‑nulth First Nation Government will Consult with British Columbia and Canada in respect of a Maa‑nulth First Nation Law proposed by it that would significantly affect public access on the Maa‑nulth First Nation Public Lands of the applicable Maa‑nulth First Nation.

5.4.0  PUBLIC ACCESS ON MAA‑NULTH FIRST NATION LANDS

5.4.1 Each Maa‑nulth First Nation will allow reasonable public access on its Maa‑nulth First Nation Public Lands for temporary recreational uses and temporary non-commercial purposes, including reasonable opportunities for the public to hunt and fish on its Maa‑nulth First Nation Public Lands, but public access does not include:

a. harvesting or extracting resources unless authorized by that Maa‑nulth First Nation or as in accordance with this Agreement;

b. causing damage to Maa‑nulth First Nation Lands or resources on Maa‑nulth First Nation Lands;

c. causing nuisance; or

d. interfering with other uses authorized by that Maa‑nulth First Nation or interfering with the ability of that Maa‑nulth First Nation to authorize uses or Dispose of its Maa‑nulth First Nation Lands.

5.4.2 For greater certainty, public access contemplated by 5.4.1 will be in accordance with applicable Maa‑nulth First Nation Law regulating public access to Maa‑nulth First Nation Lands.

5.4.3 Each Maa‑nulth First Nation will take reasonable measures to notify the public of the terms and conditions respecting public access to its Maa‑nulth First Nation Public Lands.

5.5.0  CROWN ACCESS TO MAA‑NULTH FIRST NATION LANDS

5.5.1 Members of the Canadian Armed Forces, peace officers and agents, employees, contractors, subcontractors and other representatives of Canada, British Columbia and Public Utilities have access, in accordance with Federal Law or Provincial Law, at no cost, to Maa‑nulth First Nation Lands in order to:

a. enforce laws;

b. carry out duties under Federal Law or Provincial Law;

c. respond to emergencies;

d. deliver programs and services; or

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

5.5.2 Any person exercising a right of access in accordance with 5.5.1 will act in accordance with Federal Law or Provincial Law, including the payment of compensation for any damage to Maa‑nulth First Nation Lands if required by Federal Law or Provincial Law.

5.5.3 Nothing in this Agreement limits the authority of Canada or the Minister of National Defence to carry out activities related to national defence and security on Maa‑nulth First Nation Lands, without payment of any fees or other charges to the applicable Maa‑nulth First Nation except as provided for under Federal Law.

5.6.0  MAA‑NULTH FIRST NATION ACCESS TO CROWN LANDS

5.6.1 Each Maa‑nulth First Nation's agents, employees, contractors, subcontractors and other representatives have access, in accordance with Federal Law or Provincial Law, at no cost, to provincial Crown lands in order to:

a. enforce Maa‑nulth First Nation Law of the applicable Maa‑nulth First Nation Government;

b. carry out duties under Maa‑nulth First Nation Law of the applicable Maa‑nulth First Nation Government;

c. respond to emergencies;

d. deliver programs and services; or

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

5.6.2 Any person exercising a right of access in accordance with 5.6.1 will act in accordance with Federal Law or Provincial Law, including the payment of compensation for any damage to provincial Crown lands if required by Federal Law or Provincial Law.

5.6.3 Maa‑nulth‑aht have reasonable access to provincial Crown lands to allow for the exercise of the applicable Maa‑nulth First Nation Section 35 Rights, including use of resources for purposes incidental to the normal exercise of those rights, provided that such access and incidental use of resources are in accordance with Federal Law or Provincial Law and do not interfere with authorized uses or the ability of British Columbia to authorize uses or Dispose of provincial Crown lands.

5.6.4 If an authorized use or Disposition of provincial Crown land would deny Maa‑nulth‑aht reasonable access to Maa‑nulth First Nation Lands, British Columbia will provide Maa‑nulth‑aht with reasonable alternative means of access to Maa‑nulth First Nation Lands.

5.7.0  ACCESS TO INTERESTS AND ESTATES IN FEE SIMPLE

5.7.1 The applicable Maa‑nulth First Nation will allow reasonable access across its Maa‑nulth First Nation Lands, at no cost, to the Interests listed in Appendices E-1 to E-5, E-7 to E-9 and E-16 to E-20, consistent with the terms and conditions of those Interests.

5.7.2 If no other reasonable access exists across Crown land, each Maa‑nulth First Nation will allow reasonable access across its Maa‑nulth First Nation Lands to any Interest located on or beneath lands adjacent or in close proximity to such Maa‑nulth First Nation Lands, consistent with the terms and conditions of those Interests.

5.7.3 The applicable Maa‑nulth First Nation will allow reasonable access at least as favourable as that which exists immediately before the Effective Date across its Maa‑nulth First Nation Lands, at no cost, to the lands described in Appendix J or any subdivided portions thereof.

5.7.4 If the owner of a parcel of land identified in Appendix K requires a right of access to that parcel other than that access provided in accordance with 5.7.3, the applicable Maa‑nulth First Nation will not withhold its consent to that right of access if:

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

b. the owner of the parcel and that Maa‑nulth First Nation agree on the terms of access.

5.7.5 If no other reasonable access exists across Crown land, each Maa‑nulth First Nation will allow reasonable access across its Maa‑nulth First Nation Lands to an estate in fee simple located in close proximity to such Maa‑nulth First Nation Lands.

5.7.6 British Columbia or the applicable Maa‑nulth First Nation may refer any Disagreement in respect of 5.7.0 to be finally determined by arbitration in accordance with Chapter 25 Dispute Resolution without having to proceed through Stages One and Two.

5.8.0  NAVIGABLE WATERS

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

Contents | Sections 1 to 31 | Schedule - Contents | Schedule - Preamble | Schedule - Chapter 1 | Schedule - Chapter 2 | Schedule - Chapter 3 | Schedule - Chapter 4 | Schedule - Chapter 5 | Schedule - Chapter 6 | Schedule - Chapter 7 | Schedule - Chapter 8 | Schedule - Chapter 9 | Schedule - Chapter 10 | Schedule - Chapter 11 | Schedule - Chapter 12 | Schedule - Chapter 13 | Schedule - Chapter 14 | Schedule - Chapter 15 | Schedule - Chapter 16 | Schedule - Chapter 17 | Schedule - Chapter 18 | Schedule - Chapter 19 | Schedule - Chapter 20 | Schedule - Chapter 21 | Schedule - Chapter 22 | Schedule - Chapter 23 | Schedule - Chapter 24 | Schedule - Chapter 25 | Schedule - Chapter 26 | Schedule - Chapter 27 | Schedule - Chapter 28 | Schedule - Chapter 29 | 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 | Appendix N | Appendix O | Appendix P | Appendix Q | Appendix R | Appendix S | Appendix T | Appendix U | Appendix V | Appendix W | Appendix X | Appendix Y