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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 7 — CROWN CORRIDORS AND ROADS

7.1.0  CROWN CORRIDORS

7.1.1 For greater certainty, Crown Corridors are not part of Maa‑nulth First Nation Lands and are owned by British Columbia. The width of Crown Corridors is 30 metres unless otherwise described in Appendix D.

7.1.2 British Columbia will Consult with a Maa‑nulth First Nation regarding new uses or major road construction within Crown Corridors adjacent to its Maa‑nulth First Nation Lands.

7.2.0  CROWN CORRIDORS AND PUBLIC UTILITIES

7.2.1 In addition to the provisions of Chapter 5 Access, British Columbia or a Public Utility and its respective employees, agents, contractors or representatives may enter, cross and stay temporarily on Maa‑nulth First Nation Lands at no cost for the purpose of undertaking works, including:

a. constructing drainage works;

b. constructing or extending transmission or distribution works;

c. maintaining slope stability;

d. removing dangerous Timber or other hazards; or

e. carrying out vegetation management,

as required for the protection, care, maintenance or construction of Provincial Roads, or Public Utility works on or adjacent to Maa‑nulth First Nation Lands.

7.2.2 Unless otherwise agreed to by a Maa‑nulth First Nation, Timber removed from its Maa‑nulth First Nation Lands in accordance with 7.2.1 remains the property of that Maa‑nulth First Nation.

7.2.3 Before British Columbia or a Public Utility commences any work referred to in 7.2.1 on the Maa‑nulth First Nation Lands of a Maa‑nulth First Nation, British Columbia or the Public Utility will:

a. provide notice to that Maa‑nulth First Nation of its intention to carry out work; and

b. if requested by that Maa‑nulth First Nation, deliver a work plan to that Maa‑nulth First Nation describing the effect and extent of the proposed work on those Maa‑nulth First Nation Lands for approval, which will not be unreasonably withheld.

7.2.4 If, within 30 days of the delivery of a work plan delivered in accordance with 7.2.3, a Maa‑nulth First Nation does not approve the content of the work plan, either British Columbia or that Maa‑nulth First Nation may refer the Disagreement to be finally determined by arbitration in accordance with Chapter 25 Dispute Resolution without having to proceed through Stages One and Two.

7.2.5 Notwithstanding any other provision of this Agreement, British Columbia or a Public Utility may undertake works and take steps on Maa‑nulth First Nation Lands that are urgently required in order to protect works constructed on Crown Corridors, or to protect individuals or vehicles using Crown Corridors.

7.2.6 British Columbia or a Public Utility will notify the applicable Maa‑nulth First Nation that it has undertaken works on its Maa‑nulth First Nation Lands in accordance with 7.2.5.

7.2.7 In undertaking works referred to in 7.2.1, the person undertaking the work will minimize the damage to and time spent on Maa‑nulth First Nation Lands, and will pay compensation for any interference with or damage to Maa‑nulth First Nation Lands that results from work undertaken by or on behalf of the person.

7.2.8 British Columbia or the applicable Maa‑nulth First Nation may refer a Disagreement in respect of compensation to be paid in accordance with 7.2.7 to be finally determined by arbitration in accordance with Chapter 25 Dispute Resolution without having to proceed through Stages One and Two.

7.2.9 Any Interest granted or issued by a Maa‑nulth First Nation in accordance with 2.7.0 prevails to the extent of an inconsistency with 7.2.1 to 7.2.4, 7.2.7 or 7.2.8.

7.3.0  CROWN CORRIDORS NO LONGER REQUIRED

7.3.1 If British Columbia determines that it no longer requires any portion of a Crown Corridor it will transfer the estate in fee simple, including the Subsurface Resources, in that portion of the Crown Corridor to the applicable Maa‑nulth First Nation.

7.3.2 If a Maa‑nulth First Nation acquires a portion of a Crown Corridor in accordance with 7.3.1, such parcel of land will be added to its Maa‑nulth First Nation Lands upon that Maa‑nulth First Nation becoming the owner of such parcel of land and Appendix B is deemed to be amended to reflect such addition to Maa‑nulth First Nation Lands, unless that Maa‑nulth First Nation provides notice to British Columbia and Canada before it becomes the owner of such parcel of land that such lands are not to be added to its Maa‑nulth First Nation Lands.

7.3.3 When a Maa‑nulth First Nation becomes the owner of an estate in fee simple in accordance with 7.3.1, the total amount of the estate in fee simple identified in 2.11.8 for that Maa‑nulth First Nation increases by five percent of the area, in hectares, of the estate in fee simple transferred in accordance with 7.3.1 to that Maa‑nulth First Nation.

7.4.0  RELOCATION OF CROWN CORRIDORS

7.4.1 British Columbia may request that a portion of a Crown Corridor be relocated onto the Maa‑nulth First Nation Lands of a Maa‑nulth First Nation and if:

a. the new location is reasonably suitable for use as a corridor;

b. British Columbia pays all reasonable costs associated with decommissioning that portion of the Crown Corridor; and

c. British Columbia and that Maa‑nulth First Nation reach agreement on the value of the land exchange,

that Maa‑nulth First Nation will not unreasonably refuse to provide its consent to the relocation.

7.4.2 If a Maa‑nulth First Nation requires a portion of a Crown Corridor for another purpose, that Maa‑nulth First Nation may request that a portion of a Crown Corridor be relocated, and if:

a. the new location is reasonably suitable for use as a corridor of a comparable standard considering construction, maintenance, operation, and costs;

b. British Columbia and that Maa‑nulth First Nation reach agreement on the value of the land exchange; and

c. that Maa‑nulth First Nation pays all reasonable costs, including costs of design, planning, supervision, land, and construction,

British Columbia will not unreasonably refuse to undertake the relocation.

7.4.3 If a Crown Corridor is relocated as a result of a consent provided by a Maa‑nulth First Nation or British Columbia in accordance with 7.4.1 or 7.4.2:

a. any portion of a Crown Corridor transferred to that Maa‑nulth First Nation will cease to be a Crown Corridor and will become Maa‑nulth First Nation Lands of that Maa‑nulth First Nation; and

b. any Maa‑nulth First Nation Lands transferred to British Columbia will cease to be Maa‑nulth First Nation Lands and will become a Crown Corridor,

and, upon any such transfer, Appendices B and D are deemed to be amended to reflect such relocation.

7.5.0  CONSULTATION REGARDING TRAFFIC REGULATION

7.5.1 Upon request of a Maa‑nulth First Nation, British Columbia will Consult with that Maa‑nulth First Nation in respect of the regulation by British Columbia of traffic and transportation on a Crown Corridor adjacent to a developed area on its Maa‑nulth First Nation Lands.

7.6.0  ACCESS AND SAFETY REGULATION

7.6.1 Nothing in this Agreement limits the authority of British Columbia to regulate all matters relating to:

a. the location and design of intersecting Maa‑nulth First Nation Roads giving access to Crown Corridors from Maa‑nulth First Nation Lands, including:

i. regulating or requiring signs, signals, or other traffic control devices;

ii. regulating or requiring merging lanes, on ramps and off ramps; or

iii. requiring contributions to the cost of the matters referred to in 7.6.1a.i. and 7.6.1a.ii.; and

b. the height and location of structures on Maa‑nulth First Nation Lands immediately adjacent to Crown Corridors, but only to the extent reasonably required to protect the safety of the users of Crown Corridors.

7.6.2 British Columbia will provide the applicable Maa‑nulth First Nation with any licence, permit or approval required under Provincial Law to join or cross a Provincial Road with a Maa‑nulth First Nation Road if:

a. the application for the required licence, permit or approval complies with Provincial Law, including the payment of any prescribed fees; and

b. the intersecting Maa‑nulth First Nation Road complies with standards established under Provincial Law for equivalent Provincial Roads.

7.6.3 Each Maa‑nulth First Nation will Consult with British Columbia on any access or public safety issue associated with land use decisions relating to the development of its Maa‑nulth First Nation Lands adjacent to Crown Corridors.

7.7.0  ROADS

7.7.1 Maa‑nulth First Nation Roads are administered, controlled and maintained by the applicable Maa‑nulth First Nation.

7.7.2 Subject to 5.2.5, 5.4.0, 5.5.0, and 5.7.0, for greater certainty 7.7.1 includes the ability of each Maa‑nulth First Nation Government to authorize:

a. the closure of a Maa‑nulth First Nation Road, or a portion of it, to public use; or

b. the reopening of a Maa‑nulth First Nation Road or portion of it that has been closed to public use.

7.8.0  USE OF EXISTING GRAVEL PITS ON MAA‑NULTH FIRST NATION LANDS

7.8.1 British Columbia and its employees, agents, contractors or representatives may enter onto Maa‑nulth First Nation Lands and extract, refine and transport, without charge, sufficient quantities of Gravel from Gravel pits existing on the Effective Date to fulfil any obligations British Columbia may have to construct, maintain, repair or upgrade Provincial Roads and public rights of way in the vicinity of the applicable Maa‑nulth First Nation Lands.

7.8.2 Subject to 7.8.4, where a Gravel Pit Development Plan does not exist for a Gravel pit on Maa‑nulth First Nation Lands, before commencing any extraction, refinement or transportation of Gravel in that Gravel pit, British Columbia will prepare a Gravel Pit Development Plan for that Gravel pit and submit it to the applicable Maa‑nulth First Nation for approval, which approval will not be unreasonably withheld.

7.8.3 British Columbia and the applicable Maa‑nulth First Nation will comply with the provisions of an approved Gravel Pit Development Plan.

7.8.4 Without preparing a Gravel Pit Development Plan, British Columbia and its employees, agents, contractors, or representatives may continue to enter onto Maa‑nulth First Nation Lands and extract and transport, without charge, Gravel from a Gravel pit which before the Effective Date British Columbia had been using intermittently as a source of Gravel to maintain Provincial Roads and public rights of way in the vicinity of Maa‑nulth First Nation Lands.

7.8.5 Before materially increasing the rate of extraction of Gravel from any Gravel pit British Columbia may use in accordance with 7.8.4, British Columbia will prepare a Gravel Pit Development Plan for that pit.

7.9.0  DEVELOPMENT OF NEW GRAVEL PITS ON MAA‑NULTH FIRST NATION LANDS

7.9.1 Subject to 7.9.2 and 7.9.4, British Columbia and its employees, agents, contractors, or representatives may enter onto Maa‑nulth First Nation Lands to locate, extract, refine and transport, without charge, sufficient quantities of Gravel from natural deposits as may exist on Maa‑nulth First Nation Lands for use by British Columbia to fulfil any obligations it may have to construct, maintain, repair and upgrade Provincial Roads and public rights of way in the vicinity of the applicable Maa‑nulth First Nation Lands.

7.9.2 Before undertaking any excavation for Gravel samples or other exploration work on Maa‑nulth First Nation Lands in accordance with 7.9.1, British Columbia will prepare an exploration plan, indicating generally the proposed location of exploration and the method and extent of proposed work, for approval by that Maa‑nulth First Nation, which approval will not be unreasonably withheld.

7.9.3 In preparing an exploration plan in accordance with 7.9.2:

a. British Columbia will select a proposed location to explore for a Gravel 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, that Maa‑nulth First Nation will take account of the cost efficiencies of the proposed location in relation to alternate locations.

7.9.4 Before commencing any extraction, refinement or transportation of Gravel from any Gravel pit identified in an exploration plan approved by a Maa‑nulth First Nation in accordance with 7.9.2, British Columbia will prepare a Gravel Pit Development Plan for that Gravel pit and submit it to that Maa‑nulth First Nation for approval which approval will not be unreasonably withheld.

7.10.0  USE OF GRAVEL PITS AND DEPOSITS ON PROVINCIAL CROWN LAND

7.10.1 Subject to 7.10.4 and 7.10.5, each Maa‑nulth First Nation may enter onto provincial Crown lands and extract, refine and transport, without charge, sufficient quantities of Gravel from Gravel pits existing on the Effective Date on provincial Crown lands in the vicinity of its Maa‑nulth First Nation Lands, to fulfil any obligations it may have to construct, maintain, repair and upgrade its Maa‑nulth First Nation Roads and rights of way on its Maa‑nulth First Nation Lands.

7.10.2 Subject to 7.10.5, each Maa‑nulth First Nation may enter onto provincial Crown lands to locate, extract, refine and transport, without charge, sufficient quantities of Gravel from natural deposits as may exist on provincial Crown lands for use by that Maa‑nulth First Nation to fulfil any obligations it may have to construct, maintain, repair and upgrade its Maa‑nulth First Nation Roads and rights of way on its Maa‑nulth First Nation Lands.

7.10.3 Without preparing a Gravel Pit Development Plan, a Maa‑nulth First Nation may enter onto provincial Crown lands and extract and transport, without charge, Gravel from a Gravel pit that, before the Effective Date, that Maa‑nulth First Nation had been using intermittently as a source of Gravel to maintain its Maa‑nulth First Nation Roads and rights of way on its Maa‑nulth First Nation Lands.

7.10.4 Before materially increasing the rate of extraction of Gravel from any Gravel pit a Maa‑nulth First Nation may use in accordance with 7.10.1, that Maa‑nulth First Nation will prepare a Gravel Pit Development Plan for that pit in accordance with Provincial Law.

7.10.5 For greater certainty, entry onto provincial Crown lands and the location, development, extraction, refinement and transportation of Gravel on provincial Crown lands by a Maa‑nulth First Nation will be in accordance with Provincial Law.

7.10.6 British Columbia will not unreasonably withhold approval for any Gravel Pit Development Plan prepared and submitted by a Maa‑nulth First Nation in accordance with 7.10.4.

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