Appendices - Nisga'a Final Agreement

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Appendix A: Nisga'a Lands

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Table of contents

Introduction

These appendices form part of the Nisga'a Final Agreement entered into between:

the Nisga'a Nation;

Her Majesty the Queen
in Right of Canada;

and

Her Majesty the Queen
in Right of
British Columbia

Appendix A-1: Map of Index of Map Sheets of Nisga'a Lands

Appendix A-1 - Map of Index of Map Sheets of Nisga'a Lands

Appendix A-2: 32 Map Sheets of Nisga'a Lands

Map Sheet 1 (103I. 081)

Map Sheet 2 (103I. 082)

Map Sheet 3 (103I. 083)

Map Sheet 4 (103I. 084)

Map Sheet 5 (103I. 091)

Map Sheet 6 (103I. 092)

Map Sheet 7 (103I. 093)

Map Sheet 8 (103I. 094)

Map Sheet 9 (103O. 010)

Map Sheet 10 (103P. 001)

Map Sheet 11 (103P. 002)

Map Sheet 12 (103P. 003)

Map Sheet 13 (103P. 004)

Map Sheet 14 (103P. 005)

Map Sheet 15 (103P. 011)

Map Sheet 16 (103P. 012)

Map Sheet 17 (103P. 013)

Map Sheet 18 (103P. 014)

Map Sheet 19 (103P. 015)

Map Sheet 20 (103P. 016)

Map Sheet 21 (103P. 022)

Map Sheet 22 (103P. 023)

Map Sheet 23 (103P. 024)

Map Sheet 24 (103P. 025)

Map Sheet 25 (103P. 026)

Map Sheet 26 (103P. 034)

Map Sheet 27 (103P. 035)

Map Sheet 28 (103P. 036)

Map Sheet 29 (103P. 045)

Map Sheet 30 (103P. 046)

Map Sheet 31 (103P. 055)

Map Sheet 32 (103P. 056)

Appendix A-3: Metes and bounds description of Nisga'a Lands

All those parcels or tracts of Crown land situated within the Province of British Columbia and lying within the following described area:

Commencing at the post set at the southwest corner of former Kincolith Indian Reserve No. 14, Range 5 Coast District, with said post being a point on the northerly natural boundary of Nass Bay and to be marked number #l ;

thence in a general westerly direction along the northerly natural boundary of Nass Bay to the easterly natural boundary of Observatory Inlet;

thence in a general northerly direction along the easterly natural boundary of Observatory Inlet, to post number #2 which is to be set at the intersection of the westerly prolongation of the northerly boundary of former Scowban Indian Reserve No. 28, Cassiar District, with said natural boundary;

thence easterly to and along the northerly boundary of former Scowban Indian Reserve No. 28, with the posts set at the northwest and northeast corners thereof to be marked numbers #3 and #4, respectively, and continuing easterly along the easterly prolongation of said northerly boundary for a distance of 1773 metres, more or less, to post number #5 which is to be set on the ridge lying to the west of the unnamed creek that flows in a general northwesterly direction into the unnamed creek that passes through the southeast portion of former Scowban Indian Reserve No. 28 flowing southwesterly into Observatory Inlet;

thence on a bearing of 146° 32' 36'', a distance of 2.24 kilometres, more or less, to post number #6, which is to be set on the northwesterly boundary of the watershed of Kincolith River;

thence northeasterly and easterly along the northwesterly and northerly boundaries of the watershed of Kincolith River to post number #7, which is to be set on said northerly boundary of the watershed of Kincolith River;

thence on a bearing of 90° 51' 00'', a distance of 5.68 kilometres, more or less, to post number #8, which is to be set on the easterly boundary of the watershed of Anudol Creek;

thence on a bearing of 55° 00' 00'', a distance of 3.459 kilometres;

thence on a bearing of 41° 52' 00'', a distance of 858 metres;

thence on a bearing of 53° 11' 00'', a distance of 1.255 kilometres;

thence on a bearing of 64° 30' 00'', a distance of 1.124 kilometres;

thence on a bearing of 62° 05' 00'', a distance of 1.777 kilometres to a post which is to be set and numbered #9;

thence on a bearing of 61° 52' 00'', a distance of 3.064 kilometres to a post which is to be set and numbered #lo;

thence on a bearing of 61° 52' 00'', a distance of 3.04 kilometres, more or less, to post number #11 which is to be set on the westerly boundary of the watershed of Chemainuk Creek;

thence in a general northerly direction along the westerly boundaries of the watersheds of Chemainuk and Maughlin Creeks to post number #12 which is to be set on the westerly boundary of the watershed of Maughlin Creek;

thence on a bearing of 43° 53' 00'', a distance of 2.32 kilometres, more or less, to post number #13 which is to be set on the most westerly point of the westerly natural boundary of the small unnamed lake situated at the headwaters of the unnamed creek that flows northeasterly through District Lot 1657 into Kwinatahl River;

thence northerly and northeasterly along the westerly and northwesterly natural boundary of said unnamed lake and continuing northeasterly along the left natural boundary of said unnamed creek to post number #14 which is to be set at the junction of the natural boundary of said unnamed creek with the right natural boundary of Kwinatahl River;

thence northeasterly in a straight line to the post set at the southwest corner of District Lot 3098 and to be marked number #15;

thence northeasterly in a straight line to the post set at the southeast corner of the west half of District Lot 3101 and to be marked number #16;

thence northerly along the easterly boundary of the west half of District Lot 3101 to the left natural boundary of Kshadin Creek;

thence easterly along the left natural boundary of Kshadin Creek to the right natural boundary of the unnamed creek that flows southerly into Kshadin Creek and that includes Taylor Lake within its drainage;

thence in a general northerly direction along the right natural boundary of said unnamed creek, passing through District Lots 3101, 3104, 3110, and 3111, to post number #17 which is to be set at the intersection of said natural boundary with the northerly boundary of District Lot 3111;

thence easterly along the northerly boundary of District Lot 3111 to the northeast meander post thereof, with said meander post to be marked number #18;

thence northwesterly in a straight line to the post set at the northwest corner of District Lot 3119 and to be marked number #19;

thence on a bearing of 0° 00' 00'' to post number #20 which is to be set at a point lying on a bearing of 270° 00' 00'' from the post set at the southwest corner of District Lot 3160 and to be marked number #21;

thence on a bearing of 90° 00' 00'' to post number #21 set at the southwest corner of District Lot 3160;

thence easterly along the southerly boundary of District Lot 3160 to the post set at the southeast corner thereof, and to be marked number #22;

thence northeasterly in a straight line to the quarter post set on the westerly boundary of District Lot 3124, and to be marked number #23;

thence northeasterly in a straight line to the quarter post set on the northerly boundary of District Lot 3128, and to be marked number #24;

thence northeasterly in a straight line to the quarter post set on the northerly boundary of District Lot 3141, and to be marked number #25;

thence easterly along the northerly boundary of District Lot 3141 to post number #26 which is to be set at the intersection of said northerly boundary with the right natural boundary of Kinskuch River;

thence southeasterly along the right natural boundary of Kinskuch River to the right natural boundary of Nass River;

thence southeasterly in a straight line to the post set at the northwest corner of District Lot 4001, and to be marked number #27;

thence southerly along the westerly boundary of District Lot 4001 to the post set at the southwest corner thereof, and to be marked number #28, with said post being a point on the northerly boundary of District Lot 4006;

thence easterly along the northerly boundary of District Lot 4006 to the post set at northeast corner thereof, and to be marked number #29;

thence southwesterly in a straight line to post number #30, which is to be set at a point lying on a bearing of 90° 00' 00'', a distance of 325 metres, from the post set at the southeast corner of District Lot 5278, being former Kinyug Indian Reserve No. 57, and to be marked number #31;

thence on a bearing of 270° 00' 00'' to post number #31 set at the southeast corner of District Lot 5278;

thence southwesterly in a straight line to the post set at the northeast corner of the fractional southwest quarter of District Lot 4006, and to be marked number #32;

thence southerly along the easterly boundary of the fractional southwest quarter of District Lot 4006 to the post set at the southeast corner thereof, and to be marked number #33;

thence southwesterly in a straight line to the quarter post set on the easterly boundary of District Lot 3077, and to be marked number #34;

thence southeasterly in a straight line to the post set at the southeast corner of District Lot 1763, and to be marked number #35;

thence southwesterly in a straight line to the post set at the northeast corner of District Lot 1755, and to be marked number #36 ;

thence southwesterly in a straight line to the quarter post set on the northerly boundary of District Lot 1751, and to be marked number #37;

thence southeasterly in a straight line to the post set at the northeast corner of District Lot 1747, and to be marked number #38;

thence southerly along the easterly boundary of District Lot 1747 to the post set at the northeast corner of District Lot 1743, and to be marked number #39;

thence southerly along the easterly boundary of District Lot 1743 to post number #40 which is to be set at the intersection of said easterly boundary with the left natural boundary of Hoadley Creek;

thence in a general easterly direction along the left natural boundary of Hoadley Creek to the westerly natural boundary of the unnamed lake at the headwaters of Hoadley Creek ;

thence southerly, easterly and northerly along the westerly, southerly and easterly natural boundaries of said unnamed lake to post number #41 which is to be set at the most easterly point thereon;

thence on a bearing of 180° 00' 00'', a distance of 218 metres, more or less, to post number #42 which is to be set on the southeasterly boundary of the watershed of Hoadley Creek;

thence in a general southwesterly direction along the southeasterly boundary of the watershed of Hoadley Creek and continuing in a general southerly direction along the ridge that separates those creeks that flow westerly into Dragon Lake and Seaskinnish Creek from those that flow easterly into Kiteen River to post number #43 which is to be set on said ridge;

thence on a bearing of 181° 32' 00'', a distance of 2.90 kilometres, more or less, to post number #44 which is to be set on the easterly boundary of the watershed of Seaskinnish Creek;

thence in a general southerly direction along the easterly boundary of the watershed of Seaskinnish Creek to the summit of Mount Priestly, being a point thereon;

thence southwesterly in a straight line to post number #45 which is to be set at the summit of Mount Hoeft;

thence on a bearing of 270° 00' 00'', a distance of 1.797 kilometres;

thence on a bearing of 123° 02' 00'', a distance of 247 metres;

thence on a bearing of 225° 46' 00'', a distance of 857 metres;

thence on a bearing of 141° 00' 00'', a distance of 805 metres;

thence on a bearing of 82° 14' 00'', a distance of 2.106 kilometres to a post which is to be set and numbered #46;

thence on a bearing of 181° 48' 00'', a distance of 889 metres;

thence on a bearing of 242° 01' 00'', a distance of 2.139 kilometres;

thence on a bearing of 114° 00' 00'', a distance of 2.03 kilometres, more or less, to post number #47 which is to be set on the right natural boundary of Fulmar Creek;

thence southwesterly along the right natural boundary of Fulmar Creek to post #48 which is to be set at the intersection of said natural boundary with a line drawn parallel to and 600 metres perpendicularly distant easterly from the centre line of Nisga'a Highway (formerly Nass Valley Road);

thence northwesterly along said line drawn parallel to and 600 metres perpendicularly distant easterly from the centre line of Nisga'a Highway to the easterly boundary of District Lot 4014;

thence southerly along the easterly boundary of District Lot 4014 to the post set at the southeast corner thereof, and to be marked post number #49, and continuing southerly along the southerly prolongation of the easterly boundary of District Lot 4014 produced to a point on a line drawn parallel to and 60 metres perpendicularly distant easterly from the right natural boundary of Tseax River;

thence in a general northwesterly direction along said line drawn parallel to and 60 metres perpendicularly distant easterly from the right natural boundary of Tseax River to the southerly boundary of Lot A of District Lot 4012, Plan 9176;

thence westerly along the southerly boundary of said Lot A to the southwest corner thereof, with said southwest corner being a point on the right natural boundary of Tseax River;

thence in a general northerly direction along the westerly boundary of said Lot A to the northwest corner thereof, with a portion of the westerly boundary of said Lot A being also the right natural boundary of Tseax River;

thence easterly along the northerly boundary of said Lot A to the most westerly boundary of former New Aiyansh Indian Reserve No. 1, as shown on Plan 65110 recorded in the Canada Lands Surveys Records at Ottawa;

thence northerly along the westerly boundary of former New Aiyansh Indian Reserve No. 1 to its intersection with a line drawn parallel to and 60 metres perpendicularly distant easterly from the right natural boundary of Tseax River;

thence in a general northwesterly direction along said line drawn parallel to and 60 metres perpendicularly distant easterly from the right natural boundary of Tseax River to post number #50 which is to be set at a point on said line which lies on a bearing of 90° 00' 00'' from the post set at the southeast corner of District Lot 5275, being former Ksilamisk Indian Reserve No. 89, and to be marked #51;

thence on a bearing of 270° 00' 00'' to the left natural boundary of Tseax River;

thence northwesterly along the left natural boundary of Tseax River to the left natural boundary of Nass River;

thence in a general southwesterly direction along the left natural boundary of Nass River to the northeast corner of District Lot 5287, being former Quinogag Indian Reserve No. 61;

thence southerly and westerly along the easterly and southerly boundaries of District Lot 5287 to the southwest corner thereof, with said corner being a point on the left natural boundary of Nass River:

thence in a general southwesterly direction along the left natural boundary of Nass River and following the left natural boundary of the river channel lying to the south and east of former Amatal Indian Reserve No. 5 to the easterly boundary of former Amatal Indian Reserve No. 6;

thence southerly and westerly along the easterly and southerly boundaries of former Amatal Indian Reserve No. 6 to the easterly boundary of District Lot 1094, being former Amaral Indian Reserve No.s 46 and 47 (undivided);

thence southerly and westerly along the easterly and southerly boundaries of District Lot 1094 to the southwest corner thereof, with said corner being a point on the left natural boundary of Nass River;

thence in a general southwesterly direction along the left natural boundary of Nass River, to the post set at the intersection of said natural boundary with the easterly boundary of that portion of former Gitwinksihlkw Indian Reserve No. 7 lying to the south of Nass River, and with said post to be marked number #52;

thence southerly along said easterly boundary of former Gitwinksihlkw Indian Reserve No. 7, passing through the post set at the southeast corner thereof and to be marked number #53, and continuing southerly along the easterly boundary of District Lot 1093, being former Gwinaha Indian Reserve No. 44, to the post set at the southeast corner thereof, and to be marked number #54;

thence westerly along the southerly boundary of District Lot 1093 to the post set at the southwest corner thereof, and to be marked number #55, with said post being a point on the easterly boundary of former Zaulzap Indian Reserve No. 29;

thence southerly and westerly along the easterly and southerly boundaries of former Zaulzap Indian Reserve No. 29, passing through the post set at the southeast corner thereof and to be marked number #56 , to post number #57 which is to be set at the intersection of said southerly boundary with the left natural boundary of Zolzap Creek:

thence in a general easterly direction along the left natural boundary of Zolzap Creek to post number #58 which is to be set at a point on said natural boundary lying on a bearing of 143° 58' 00'', a distance of 2.02 kilometres, more or less from the southeast corner of District Lot 1093, being the former Gwinaha Indian Reserve No. 44;

thence on a bearing of 96° 14' 00'', a distance of 695 metres;

thence on a bearing of 68° 32' 00'', a distance of 1.096 kilometres to a post which is to be set and numbered #59 ;

thence on a bearing of 42° 39' 00'', a distance of 654 metres;

thence on a bearing of 330° 37' 00'', a distance of 497 metres to a post which is to be set and numbered #60;

thence on a bearing of 90° 15' 00'', a distance of 2.277 kilometres;

thence on a bearing of 26° 45' 00'', a distance of 1.083 kilometres to a post which is to be set and numbered #6 1;

thence on a bearing of 330° 15' 00'', a distance of 500 metres to a post which is to be set and numbered #62;

thence on a bearing of 69° 15' 00'', a distance of 2.35 kilometres, more or less, to post number #63 which is to be set on a bearing of 270° 00' 00'', a distance of 2.05 kilometres, from the southwest corner of District Lot 4013, Cassiar District;

thence on a bearing of 127° 15' 00'', a distance of 2.500 kilometres;

thence on a bearing of 90° 15' 00'', a distance of 1.25 kilometres;

thence on a bearing of 115° 08' 00'', a distance of 2.48 kilometres, more or less to post number #64 which is to be set at the intersection of the right natural boundary of an unnamed creek that flows northeasterly into Tseax River with a line drawn parallel to and 400 metres perpendicularly distant southwesterly from the centre line of Nisga'a Highway (formerly the Nass Valley Road);

thence in a general southwesterly direction along the right natural boundary of said unnamed creek to a post to be set thereon and numbered #65;

thence on a bearing of 213° 04' 00'', a distance of 3.54 kilometres, more or less, to post number #66 which is to be set on the southerly boundary of the watershed of Vetter Creek;

thence in a general westerly direction along the southerly boundaries of the watersheds of Vetter and Ansedagan Creeks to post number #67 which is to be set on the southerly boundary of the watershed of Ansedagan Creek at a point lying on a bearing of 171° 37' 00'', a distance of 8.26 kilometres, more or less, from the southeast corner of former Zaulzap Indian Reserve No. 29;

thence on a bearing of 233° 27' 00'', a distance of 2.719 kilometres, to a post to be set and numbered #68;

thence on a bearing of 233° 27' 00'', a distance of 3.58 kilometres, more or less, crossing Ksemamaith Creek, to post number #69 which is to be set on the northeasterly boundary of the watershed of Ksedin Creek;

thence southeasterly along the northeasterly boundary of the watershed of Ksedin Creek, a distance of 2.50 kilometres to a post which is to be set thereon and numbered #70;

thence on a bearing of 249° 08' 00'', a distance of 877 metres to a post which is to be set and numbered #71;

thence on a bearing of 249° 08' 00'', a distance of 3.739 kilometres, crossing Ksedin Creek, to a post which is to be set and numbered #72;

thence on a bearing of 249° 08' 00'', a distance of 2.47 kilometres, more or less to post number #73 which is to be set on the easterly boundary of the watershed of Ginlulak Creek;

thence in a general southerly direction along the easterly boundaries of the watersheds of Ginlulak and Voshell Creeks to the southerly boundary of the watershed of Voshell Creek;

thence westerly along the southerly boundary of the watershed of Voshell Creek to the easterly boundary of the watershed of Ishkheenickh River;

thence in a general southwesterly direction along the easterly boundary of the watershed of Ishkheenickh River to a post which is to be set thereon, and numbered #74;

thence on a bearing of 278° 44' 00'', a distance of 1.164 kilometres to a post to be set and numbered #75;

thence on a bearing of 278° 44' 00'', a distance of 3.471 kilometres, crossing Ishkheenickh River, to post number #76 which is to be set on a bearing of 44° 52' 00'' a distance of 1.084 kilometres, from the northeast corner of District Lot 6435, Range 5, Coast District, being former Lakbelak Indian Reserve No. 38;

thence on a bearing of 278° 44' 00'', a distance of 2.48 kilometres, more or less, to post number #77 which is to be set on the northerly boundary of the watershed of Lachballach Creek;

thence in a general westerly direction along the northerly boundaries of the watersheds of Lachballach Creek and Kwinamass River to the westerly boundary of the watershed of Burton Creek;

thence northerly along the westerly boundary of the watershed of Burton Creek to a post which is to be set thereon, and numbered #78;

thence on a bearing of 316° 14' 00'', a distance of 1.63 kilometres, more or less, to post number #79 which is to be set on the right natural boundary of the northwesterly flowing unnamed tributary of Welda Creek;

thence northerly and westerly along said right natural boundary and continuing northerly and westerly along the right natural boundary of Welda Creek to the southerly natural boundary of Nass Bay;

thence westerly and northerly along the southerly natural boundary of Nass Bay to post number #80 which is to be set at a point on said natural boundary lying on a bearing of 198° 33' 00'', a distance of 214 metres, more or less, from the northwest corner of District Lot 6822 ;

thence on a bearing of 310° 38' 00'', a distance of 7.911 kilometres;

thence northerly in a straight line to the post set at the southwest corner of former Kincolith Indian Reserve No. 14, Range 5 Coast District, and which is to be marked number #l, with said post being a point on the northerly natural boundary of Nass Bay, and being also the point of commencement, and with the official copies of plans for all referenced posts to be filed on deposit with the Office of the Surveyor General in Victoria, British Columbia, on completion of survey.

Excepting there out:

Firstly: submerged lands;
Secondly: Gingietl Ecological Reserve No. 115;
Thirdly: the Nisga'a Highway corridor; and
Fourthly: the lands within the boundaries set out in Appendix B.

Appendix A-4: List of Former Nisga'a Indian reserves on Nisga'a Lands

Map No. I.R. Name No. Legal Description Plan*
103I. 083 Ishkseenickh River 36 D.L. 6451, Range 5 Coast BC735
103I. 083 Ishkseenickh River 37 D.L. 6452, Range 5 Coast BC734
103I. 091 Kincolith 14   BC137
103I. 092 Black Point 11   BC128
103I. 092 Ishkseenickh 33 D.L. 6924, Range 5 Coast BC737
103I. 092 Lachtesk 12A D.L. 3963, Range 5 Coast BC674
103I. 092 Lachtesk 12   BC128
103I. 092 Lakata 41 D.L. 3964, Range 5 Coast BC675
103I. 092 Red Cliff (Red Bluff) 13   BC137
103I. 093 Ishkseenickh River 34 D.L. 6925, Range 5 Coast BC742
103I. 093 Ishkseenickh River 35 D.L. 6450, Range 5 Coast BC736
103P. 001 Kincolith 14A   BC137
103P. 001 Scowban 28   BC138
103E 002 Stoney Point
(Fishery Bay)
10 includes
Section 3 Block 1,
Range 5 Coast
BC128
103P. 003 Andegulay 8   BC132
103P. 003 Andegulay 8A   BC132
103P. 003 Dachlabah 30   BC131
103P. 003 Ightkeany 32 District Lot 5435, Cassiar BC730
103P. 003 Lachkaltsap 9 includes
Lachkaltsap 9A
Block A of D.L.
7051, Cassiar
Section 2 Block1
Range 5 Coast
BC128
BC165
103P. 013 Anyutawl 31 D.L. 1095, Cassiar BC738
103P. 014 Gitwinksihlkw 7   BC136
103P. 014 Gwinaha 44 D.L. 1093, Cassiar BC740
103P. 014 Zaulzap 29A   BC165
103P. 014 Zaulzap 29   BC132
103P. 015 Amaral 46 & 47 D.L. 1094, Cassiar BC739
103P. 015 New Aiyansh 1 Block J of D.L. 4012,
S.W. l/4 of D.L. 2626,
N.E. l/4 of D.L. 4012,
Lot A of D.L. 4012,
Plan 9176, N.W. l/4
of D.L. 2626,
except Block A,
N.E. l/4 of D.L. 4013
and Lot A of D.L 4013,
Plan PRP 14915,
all in Cassiar
59981,
59982,
and 59983
103P. 015 Seaks 60 D.L. 5286, Cassiar BC636
103P. 025 Aiyansh 87 D.L. 5313, Cassiar BC618
103P. 025 Aiyansh 83 D.L. 5309, Cassiar BC622
103P. 025 Aiyansh (Kitladamas) 1   BC136
103P. 025 Amatal 5   BC136
103P. 025 Amatal 6   BC136
103P. 025 Gish Creek 45 D.L. 5271, Cassiar BC640
103P. 025 Kitladamax 1A   BC136
103P. 025 Ksilamisk 89 D.L. 5275, Cassiar BC626
103P. 025 Kzimeng 82 D.L. 5308, Cassiar BC623
103P. 025 Lakksgamal 86 D.L. 5312, Cassiar BC619
103P. 025 Lakksgamal 88 D.L. 5314, Cassiar BC617
103P. 025 Lakksgamal 85 D.L. 5311, Cassiar BC620
103P. 025 Quinogag 61 D.L. 5287, Cassiar BC634
103P. 025 Sanklksgamal 80 D.L. 5306, Cassiar BC625
103P. 025 Seaks 3   BC136
103P. 025 Shumal Creek 81 D.L. 5307, Cassiar BC624
103P. 025 Shumal Creek 84 D.L. 53 10, Cassiar BC621
103P. 025 Tsimmanweenclist 2   BC136
103P. 025 Voilnadamtk 48 D.L. 5274, Cassiar BC627
103P. 035 Anokswok 59 D.L. 5285, Cassia BC637
103P. 035 Kwinamuck 49 D.L. 3133, Cassi BC628
103P. 045 Gwindebilk 51 D.L. 5277, Cassiar BC629
103P. 045 Gitquinmiyaue 76 D.L. 5302, Cassiar BC635
103P. 045 Taylor Lake 50 D.L. 5276, Cassiar BC639
103P. 046 Gitsheoaksit 68 D.L. 5282, Cassiar BC638
103P. 046 Gwimmauz 52 D.L. 5280, Cassiar BC632
103P. 046 Gwinkbawueast 54 D.L. 5281, Cassiar BC630
103P. 046 Kinyug 57 D.L. 5278, Cassiar BC631
103P. 056 Gwingag 53 D.L. 5279, Cassiar BC633
* These are Canada Lands Survey Records on deposit in Ottawa.

Appendix B: Exceptions To Nisga'a Lands

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Appendix B-1: Land In The Vicinity Of Red Bluff That Has Been Set Apart As Indian Reserve No. 88

MAP REF: 1031.092

District Lot 3965, Range 5 Coast District, being Red Bluff Indian Reserve Number 88, as shown on Plan BC 676 recorded in the Canada Lands Surveys Records at Ottawa.

Land In The Vicinity Of Red Bluff

Appendix B-2: Fee Simple Parcels Within The Boundaries Of Nisga'a Lands

Map Rer: In Range 5 Coast District:
1031.091 District Lot 2, and
In Cassiar District:
103P.025 Block A of District Lot 453;
103P.025 Block D of District Lot 453;
103P.025 District Lot 1224;
103P.025 the East l/2 of the Southeast l/4 of the Fractional Southeast l/4 of District Lot 1712;
103P.025 the East l/2 of the Northeast l/4 of the Fractional Southeast l/4 of District Lot 1712;
103P.025 the Fractional North l/2 of District Lot 1712;
103P.025 the Southwest l/4 of the Fractional Southwest l/4 of District Lot 1713;
103P.025 the North l/2 of the Southwest l/4 of District Lot 1718, except Plan PFCP13808;
103P.025 Lot A of District Lot 1718, Plan PRP13808;
103PO25 the South l/2 of the Southwest l/4 of District Lot 1718, except Plans 5830 and 7486;
103P.025 Lot A of District Lot 1718, Plan 5830;
103P.025 Lot 1 of District Lot 1718, Plan 7486;
103P.025 Lot 2 of District Lot 1718, Plan 7486;
103P.025 Lot 3 of District Lot 1718, Plan 7486;
103P.025 District Lot 1720;
103P.025 District Lot 1720;
103P.025 Block A of District Lot 1725;
103P.026 Block A of District Lot 1726;
103P.036 Block B of District Lot 1726;
103P.025 District Lot 1728, except Plans 4739, 5164, 5555, 6816, 8537 and 10545;
103P.025 Lot 2 of District Lot 1728, Plan 4739;
103P.025 Lot 5 of District Lot 1728, Plan 5555;
103P.025 Lot 6 of District Lot 1728, Plan 6816;
103P.025 Lot 7 of District Lot 1728, Plan 6816;
103P.025 Lot A of District Lots 1728 and 1729, Plan 8537;
103P.025 Lot 1 of District Lot 1728, Plan 10545;
103P.025 District Lot 1729, except Plans 8537 and 9553;
103P.025 Lot A of District Lot 1729, Plan 9553;
103P.025 Block A of District Lot 1730;
103P.025 Block B of District Lot 2625;
103P.025 Block C of District Lot 2625;
103P.025 Block A of District Lot 2626;
103P.015 the Southeast l/4 of District Lot 2627, except any portion of the right of way of the Dominion Telegraph Line having a width of 100 feet which may lie within the boundaries of the said land;
103P.015 the Fractional Southwest l/4 of District Lot 2627, except thereout the right of way of the Dominion Telegraph Line;
103P.025 the North l/2 of the Northeast l/4 of District Lot 3051;
103P.025 the South l/2 of the Northeast l/4 of District Lot 3051, except Plan 12661;
103P.025 Block A of District Lot 305 1;
103P.025 District Lot 3053;
103P.035 the Southeast l/4 of District Lot 3061;
103P.035 the Southwest l/4 of District Lot 3061;
103P.035 the Fractional Northeast l/4 of District Lot 3063;
103P.035 the East l/2 of District Lot 3080;
103P.025 the Fractional Southwest l/4 of District Lot 4006;
103P.046 the Southeast l/4 of District Lot 40 11, except Plan 5249;
103P.025 the Southwest l/4 of District Lot 4011, except Plans 10005 and 12223;
103P.025 Lot 1 of District Lot 40 11, Plan 10005;
103P.025 Lot A of District Lot 40 11, Plan 12223;
103P.025 the Northeast l/4 of District Lot 4011;
103P.025 the Northwest l/4 of District Lot 4011;
103P.025 the Fractional Northwest l/4 of District Lot 4012, except Block A and Plan 9176;
103P.015 Block A of District Lot 4012;
103P.025 Block B of District Lot 4012;
103P.025 Block C of District Lot 4012;
103P.025 Block D of District Lot 4012;
103P.015 Block E of District Lot 4012;
103P.015 Block F of District Lot 4012;
103P.015 Block G of District Lot 4012;
103P.015 Block H of District Lot 4012;
103P.015 Block I of District Lot 4012;
103P.015 the Fractional Southeast l/4 of District Lot 4013; and
103P.015 District Lot 40 15, except any portion of the right of way of the Dominion Telegraph
103P.025 Line having a width of 100 feet which may lie within the boundaries of these

Schedule1: Fee simple parcels with a right to access within the boundaries of Nisga'a Lands as set out in paragraphs 25 and 27 of the Access Chapter

Map Ref: In Cassiar District:
103P.025 the East l/2 of the Southeast l/4 of the Fractional Southeast 114 of District Lot 1712;
103P.025 the East l/2 of the Northeast l/4 of the Fractional Southeast l/4 of District Lot 1712;
103P.025 the Fractional North l/2 of District Lot 1712;
103P.025 the Southwest l/4 of the Fractional Southwest l/4 of District Lot 1713;
103P.015 the Southeast l/4 of District Lot 2627, except any portion of the right of way of the Dominion Telegraph Line having a width of 100 feet which may lie within the boundaries of the said land;
103P.025 District Lot 3053;
103P.035 the Southeast l/4 of District Lot 3061;
103P.035 the Southwest l/4 of District Lot 3061;
103P.035 the Fractional Northeast l/4 of District Lot 3063;
103P.025 the East l/2 of District Lot 3080;
103P.025 Block B of District Lot 4012;
103P.025 Block C of District Lot 4012;
103P.015 Block D of District Lot 4012;
103P.015 Block E of District Lot 4012;
103P.015 Block F of District Lot 4012;
103P.015 Block G of District Lot 4012;
103P.015 Block H of District Lot 4012;
103P.015 Block I of District Lot 4012; and
103P.025 District Lot 4015, except any portion of the right of way of the Dominion Telegraph Line having a width of 100 feet which may lie within the boundaries of these lands.

Appendix B-3: Woodlot Licence And Agriculture Leases Within The Boundaries Of Nisga'a Lands

Sketch 1: Woodlot Licence 141

Sketch 2: Agriculture Lease 631313 over Block C of District Lot 453, Cassiar District

Sketch 3: Agriculture Lease 633080 over Block A and the Northwest l/4 of District Lot 3063, Cassiar District.

Appendix B-4: Roads Associated With The Fee Simple Parcels Referred To In Appendix B-2

Firstly:

Historic and travelled trails which were excluded from the estate in fee simple granted by British Columbia in respect of the lands listed in Appendix B - 2; and

Secondly:

The following roads within Cassiar District :

Spencer Road within the S.W. l/4 of District Lot 4011;
Phillips Landing Road within the W l/2 of District Lot 4011 and the E l/2 of District Lot 1712;
Hughan/Tankers Road within District Lots 1728 and 1729, and a strip of land running between Nisga'a Highway and the westerly boundary of District Lot 1224 bounded on the north by District Lot 1728 and on the south by Block A of District Lot 453.
Hydro Road within the S.W. l/4 of District Lot 1718;
Irene Meadows Road within the S.W. l/4 of District Lot 1718, (East portion)
Airstrip Road within Block A of District Lot 1730;
Tillicum Lodge Road that portion lying to the southwest of the junction of Tillicum Lodge Road with the Grease Trail Forest Service Road; and
477.0 square metre Road dedicated on Plan 12223 and lying within the S.W. l/4 of District Lot 40 11.

Appendix C: Interests on Nisga'a Lands

Table of contents

Appendix C-1: Interests on Nisga'a Lands

Part 1 of Appendix C-1: Existing Interests

Interest Holder Facility Location Previous Document Nisga'a Replacement Document
BC TEL Communication site Blk. B of D.L. 2626, Cassiar District (103P.025) 632928 BC Licence of Occupation for Communication Site with Road Access
Communication site with buried power cable - Ishkeenickh site South of Laxgalts'ap (103P.003) 633669 BC Licence of Occupation for Communication Site with Utility Access
Communication site - Kwinyarh Along Nass River (103P.014) 633670 BC Licence of Occupation for Communication Site with Road Access and Utility Access
Communication site - Aiyansh site Near New Aiyansh (103P.025) 633171 BC Licence of Occupation for Communication Site
Communication site On former Kincolith I.R. 14 (103I.091) 89339 Can Licence of Occupation for Telephone Exchange
Communication site On former LaLaxgalts'a I.R. 9 (103P.003) 87527 Can Licence of Occupation for Telephone Exchange
British Columbia
Ministry of Forests Experimental Plots Near SE corner of former Andequlay I.R. 8 (103P.003) and in D.L. 1734, Cassiar District (103P.036) Exp00702 Blocks 4 and 5 BC Licence of Occupation for Forestry Experimental Plots
Ministry of Transportation and Highways Communication site Located on 103P.003 File 6406499 BC Licence of Occupation for Provincial Communication Site
British Columbia Hydro and Power Authority Communication site Near Maughlin Cr. (103P.035) 633793 BC Licence of Occupation for Hydro Communication Site
Canada
Department of Fisheries and Oceans (Canadian Coast Guard) Navigation Beacon Leading Point (103I.091) Notation of Interest BC Licence of Occupation for a Navigational Light
Navigation Beacon Fort Point (103I.091) Notation of Interest BC Licence of Occupation for a Navigational Light
Navigation Beacon Mill Bay (103I.091) Notation of Interest BC Licence of Occupation for a Navigational Light
Environment Canada Hydrometric station and cableway On former Old Aiyansh I.R. (103P.025) 28-2 Permit Can (File 70-444) Licence of Occupation for a Hydrometric Station
Hydrometric station Near Ansedagan Creek (103P.014) Licence of Occupation for a Hydrometric Station
Canadian Broadcasting Corporation Communication site In D.L. 2626, Cassiar District (103P.025) 2659 BC Licence of Occupation for Communication Site and Road Access
Gitlakdamix Development Corporation Store and laundry Lot 19-6 in former New Aiyansh I.R. 1 (103P.025) 85074 Can Lease
N.D. Hayduk/C.A. Hayduk owners of Lot A of D.L. 1729, Cassiar District, Plan 9553 Waterworks Source - Hughan Brook In D.L. 1718, Cassiar District (103P.025) Permit 16666 BC (Water Act) Permit of Occupation for Waterworks
N.D. Hayduk (P.H. Hugan's executor) owner of the S 1/2 of the S.W. 1/4 of D.L. 1718, Cassiar District, except Plans 5830 and 7486 Waterworks Source - Hughan Brook In D.L. 1718, Cassiar District (103P.025) Permit 20062 BC (Water Act) Permit of Occupation for Waterworks
Royal Canadian Mounted Police Communication site Near Kwinamuck Lake (103P.035) 632776 BC Licence of Occupation for Communication Site
Communication site Near Ginlulak Creek (103P.003) 634208 BC Licence of Occupation for Communication Site
The Board of School Trustees of School District No. 92(Nisga'a) School site Lot 28 in former Gitwinksihlkw I.R. 7 (103P. 014) PC 1994-685 Section 53(1) Lease Can Lease
Sim Gan Forest Corporation Camp and office Near Kwinatahl River (103P.045) SUP 19897 BC Special Use Permit for Forestry Operations
Dryland Sort Near Kwinatahl River (103P.035) SUP 22417 BC Special Use Permit for Forestry Operations
Skeena Cellulose Inc Log sort and dump Near Ginlulak (103P.003) SUP 9764 BC Special Use Permit for Forestry Operations
Camp and office Near SE corner of D.L. 2944, Cassiar (103P.013) SUP 16189 BC Special Use Permit for Forestry Operations
M.W. Spisak, owner of D.L. 1729, Cassiar District, except Plans 8537 and 9553 Waterworks Source - Hughan Brook Pt of D.L. 1718, Cassiar District (103P.025) Permit 20064 BC (Water Act) Permit of Occupation for Waterworks
TOK Communications Communication site In D.L. 2626, Cassiar District (103P.025) 633073 BC Licence of Occupation for Communication Site and Road Access

Part 2 of Appendix C - 1: Public Utility Transmission and Distribution Facilities

Interest Holder Facility General Location Previous Document Nisga'a Replacement Document
British Columbia Hydro and Power Authority Transmission Line No.s 1L387 and 1L381 Running from: Firstly: The southerly boundary of Nisga'a Lands near Fulmar Creek to the Aiyansh sub-station (Block A of D.L. 1726, Cassiar District); and Secondly: Aiyansh sub-station to the northwesterly boundary of Nisga'a Lands near Kwinatahl within D.L. 1661, Cassiar District, and Thirdly: Aiyansh sub-station to the northeasterly boundary of Nisga'a Lands within D.L. 1751, Cassiar District. All as generally depicted on Appendix A-2. 1634 BC 634078 BC Grant of Right of Way and Licence for Public Utility Works to British Columbia Hydro and Power Authority (Hydro) (Right of Way)
Transmission line Running between Nisga'a Highway and Block B of 2626, Cassiar District 2087 BC Grant of Right of Way and Licence for Public Utility Works to Hydro (Right of Way)
Transmission line Running from Aiyansh sub-station to the S.E. 1/4 of D.L. 4011, Cassiar District and continuing in a general southwesterly direction, passing through the village of LaLaxgalts'a and former I.R.s, to Gingolx, with a feeder line to Gitwinksihlkw. 2116 BC 634145 BC Permit 7491 Can Permit 7493 Can 633472 BC Permit 56112 Can Grant of Right of Way and Licence for Public Utility Works to Hydro (Right of Way)
Transmission Line Running from Aiyansh sub-station to Block B of D.L. 1726, Cassiar District, Plan 7237 2116 BC Grant of Right of Way and Licence for Public Utility Works to Hydro (Right of Way)
Distribution Lines Within the Village of New Aiyansh Permit 70-2156 Can Grant of Right of Way and Licence for Public Utility Works to Hydro (Licence)
Distribution Lines Within the Village of LaLaxgalts'a Permit X16157 and 54679 Can Grant of Right of Way and Licence for Public Utility Works to Hydro (Licence)
Distribution Lines Within the Village of Gingolx Permit No. 56112 Grant of Right of Way and Licence for Public Utility Works to Hydro (Licence)
Distribution Lines Within the Village of Gitwinksihlkw Permit X16158 Grant of Right of Way and Licence for Public Utility Works to Hydro (Licence)
Other transmission and distribution facilities Nisga'a Lands other than within Hydro rights of way areas, the above noted Villages or areas in respect of which Hydro has been granted rights under a separate instrument in Appendix C Grant of Right of Way and Licence for Public Utility Works to Hydro (Licence)
BC TEL Distribution Line On former LaLaxgalts'a I.R. 9 80067, 81439 and 104253 Can Grant of Right of Way and Licence for Telecommunications to BC TEL (Right of Way)
Telecommunication lines Within the Village of New Aiyansh Grant of Right of Way and Licence for Telecommunications to BC TEL (Licence)
Telecommunication lines Within the Village of LaLaxgalts'a Grant of Right of Way and Licence for Telecommunications to BC TEL (Licence)
Telecommunication lines Within the Village of Gingolx Grant of Right of Way and licence for public utility works to BC TEL (Licence)
Telecommunication lines Within the Village of Gitwinksihlkw Grant of Right of Way and Licence for Telecommunications to BC TEL (Licence)
Other distribution and telecommunication facilities Nisga'a Lands other than within BC TEL's right of way area, the above noted Villages or areas in respect of which BC TEL has been granted rights under a separate instrument in Appendix C Grant of Right of Way and Licence for Telecommunications to BC TEL (Licence)

Part 3 of Appendix C - 1: Roads

Secondary Provincial Roads
Rights of Way granted to British Columbia as represented by the Minister of Transportation and Highways

Road No. 183 – between that portion of Nisga'a Highway running through the South 1/2 of District Lot 4011, Cassiar District and the northerly boundary of the Northeast 1/4 of District Lot 4011.
Map 103P. 025

Landfill Road – between Nisga'a Highway and the easterly boundary of District Lot 1714, Cassiar District.
Map 103P. 025

Road No. 179 (east portion) – between Nisga'a Highway and the westerly boundary of District Lot 1718.
Map 103P. 025

Road No. 179 (west portion) – between Nisga'a Highway and the left natural boundary of Nass River, passing through District Lots 1717, 1715, 1719, 1720, unsurveyed Crown land, and former Kitladamas Indian Reserve No.1.
Map 103P. 025

Road No. 325 – between Nisga'a Highway and the Grease Trail Forest Service Road (FSR 8672.01) and passing through Block B of District Lot 1726, Block A of District Lot 1730 and Block A of District Lot 3051.
Maps 103P. 025 and 026

Road access to District Lot 4015, Cassiar District – between Road No. 179 (west portion) and the easterly boundary of the District Lot.
Map 103P. 025

Road access to District Lot 3061, Cassiar District – between the Grease Trail Forest Service Road and the southerly boundary of the District Lot, and passing through District Lots 3058, 3054, and 3055.
Map 103P. 035

Rights of Way granted to British Columbia as represented by the Minister of Forests

R04088 - Section A Tchitin River – running between junction with Nass Forest Service Road 942-7876.03 in the East 1/2 of District Lot 3128, Cassiar District, to its intersection with the boundary of Nisga'a Lands within District Lot 3129, Cassiar District.

Tchitin Road - Section 1 – running between RO4088 and the northerly boundary of Nisga'a Lands and being the most southerly spur within the northwest 1/4 of District Lot 3124, Cassiar District.

Tchitin Road - Section 2 – running between RO4088 and the northerly boundary of Nisga'a Lands and being the most northerly spur within the northwest 1/4 of District Lot 3124 Cassiar District.

Tchitin Road - Section 3 – running between RO4088 and the northerly boundary of Nisga'a Lands and being the most southerly spur within District Lot 3128, Cassiar District.

Tchitin Road - Section 4 – running between RO4088 and the northerly boundary of Nisga'a Lands and being the most northerly spur within District Lot 3128, Cassiar District.
Map sheet 103P.056

R07185 - Taylor Lake Road – running between junction with Nass Forest Service Road 942-07876.04, within the Northeast 1/4 of District Lot 3104, Cassiar District, and its intersection with the northerly boundary of Nisga'a Lands within District Lot 3111, Cassiar District.
Map 103P.045

R07521 - Section A South Kshadin – running between junction with Special Use Permit 9228 within District Lot 1661, Cassiar District, and its intersection with the boundary of Nisga'a Lands within District Lot 3098, Cassiar District.
Map 103P.045

R07694 - Sections A, B and C - Ksedin Creek – running from Nisga'a Highway in a general southeasterly direction to the boundary of Nisga'a Lands in the general vicinity of Ksedin Creek.
Maps 103P.003 and 103P.004

R07708 - Sections A and B – Beaupre Road

  • Section A – running from the boundary of Nisga'a Memorial Lava Bed Park in a general southerly direction to the boundary of Nisga'a Lands.
  • Section B – partially constructed with approximately 2.3 kms within Nisga'a Lands requiring construction.
    Map 103P.015

R07816 - Sections A, B, C, C-1 and D – Ishkheenickh Road – running from Nisga'a Highway in a general southwesterly direction, with portions following the left and right banks of the Ishkheenickh River.
Maps 103I.083, 103I.093 and 103P.003

R07817 - Section A – Ksedin Creek – running from Nisga'a Highway in a general easterly direction to the boundary of Nisga'a Lands in the general vicinity of Ksemanaith Creek.
Maps 103P.003, 103P.004 and 103P.014

R07818 - Sections A and B – Hoadley Creek Road

  • Section A – running from the junction with the Nass Forest Service Road in District Lot 1731, Cassiar District, to the boundary of Nisga'a Lands in the vicinity of Hoadley Creek.
  • Section B – running from RO7818 – Section A easterly to the boundary of Nisga'a Lands and within District Lots 1743 and 1744.
    Maps 103P.026 and 103P.036

R07889 - Sections A, B, and C - North Hoodoo Road

  • Section A – running from the junction with the Nass Forest Service Road near the southerly boundary of District Lot 1751, Cassiar District, and its junction with the Nass Forest Service Road within District Lot 4006, Cassiar District;
  • Section B – running between Section A of North Hoodoo Road and the easterly boundary of Nisga'a Lands within District Lot 1751, Cassiar District;
  • Section C – running in a northeasterly direction between Section A of North Hoodoo Road and the easterly boundary of Nisga'a Lands within District Lot 1759, Cassiar District;

Jackpine - Section 1 – running northeasterly from Section A of North Hoodoo Road to the easterly boundary of Nisga'a Lands within District Lot 1763, Cassiar District;

Jackpine - Section 2 – running in a northerly direction between Section A of North Hoodoo Road and the easterly boundary of Nisga'a Lands within District Lot 1772, Cassiar District; and

Jackpine - Section 3 – running northeasterly from Section A of North Hoodoo Road to the easterly boundary of Nisga'a Lands within District Lot 3079, Cassiar District.
Maps 103P.036 and 103P.046

RO10521 - Section A – Branch 5000 – running in a general southeasterly direction between Nisga'a Highway and the southerly boundary of Nisga'a Lands.
Maps 103P.003 and 103P.004

FSR 8672.01 - Section 01 – Grease Trail – running from junction with Road No. 325 within Block A of District Lot 1730, Cassiar District, to the northerly boundary of the BC Hydro.right of way, Plan 5612, which lies within District Lot 3063, Cassiar District.
Maps 103P.025 and 103P.035

FSR 7876.03 - Section 03 (Nass-Kinskuch) – running northwesterly between sections of the boundary of Nisga'a Lands from the northerly boundary of District Lot 4006 to the northerly boundary of District Lot 3128, Cassiar District;

  • Section 1 – running northeasterly from Nass-Kinskuch FSR within the north 1/2 of District Lot 3125, Cassiar District;
  • Section 3 – running in a general northerly direction from Kinskuch-Section 4 within the south 1/2 of District Lot 3125, Cassiar District; and
  • Section 4 – running in a general northeasterly direction from Nass-Kinskuch FRS within the south 1/2 of District Lot 3125, Cassiar District.
    Maps 103P.046 and 103P.056

FSR 7876.04 - Section 04 (Nass-Kwinatahl) – runs southwesterly from its junction with FSR 7876.03 to the northwesterly boundary of Nisga'a Lands crossing the boundary within the East 1/2 of District Lot 3104, Cassiar District.
Maps 103P.045 and 103P.046

S.U.P 9228 Kshadin to Alice Arm (Amax of Canada) – running in a general southwesterly direction from Kshadin Creek, within District Lot 3101, to the southerly boundary of District Lot 1661, Cassiar District. This road straddles the boundary of Nisga'a Lands.
Maps 103P.035 and 103P.045

North Hoodoo Access Road 1 – running in a general northeasterly direction between North Hoodoo Road and the easterly boundary of Nisga'a Lands, within District Lots 1759 and 1763, Cassiar District.

North Hoodoo Access Road 2 – running in a general northeasterly direction between North Hoodoo Road and the easterly boundary of Nisga'a Lands, within District Lot 1768, Cassiar District.

North Hoodoo Access Road 3 – running in a general northeasterly direction between North Hoodoo Road and the easterly boundary of Nisga'a Lands, within District Lot 1772, Cassiar District.

North Hoodoo Access Road 4 – running in a general northeasterly direction between North Hoodoo Road and the easterly boundary of Nisga'a Lands, within District Lot 4003, Cassiar District.

Secondary Provincial Road Extensions

North Hoodoo Access Road - Site 1 Extension – Of the two locations identified only one is to be selected by British Columbia running in a general northeasterly direction between North Hoodoo Road and the easterly boundary of Nisga'a Lands, within District Lot 1768, Cassiar District.

North Hoodoo Access Road - Site 2 Extension – running in an easterly direction between North Hoodoo Road and the easterly boundary of Nisga'a Lands, within District Lots 1777 and 3077, Cassiar District.

This map illustrates the proposed road extensions from North Hoodoo Road

Map: The proposed road extensions are shown with a dashed line. The base map is derived from TRIM 1:20,000 Digital Data Representational File. Cadastre is derived from the Ministry of Environment, Lands and Parks, Crown Land Registry Services. Land district – Casslar – Map sheet – Part BCGS 103P.046.

Private Roads
Private Easements
Access to Woodlot Licence 141
William Knight
Ref. Map 103P.035
Access to Fractional N.E. 1/4 of D.L. 3063, Cassiar District
Nass Cattle Company Ltd. Inc. #346159
Ref. Map 103P.035
Access to D.L. 3053, Cassiar District
E. Fleenor/ C.E. Fleenor/ D. Dimaggio
Ref. Map 103P.025
Access to S.E. 1/4 of D.L. 2627, Cassiar District
HW Riemer
Ref. Map 103P.015
British Columbia Hydro and Power Authority (Hydro) Access Roads
Roads Appurtenant to Public Utility Works

Road No. 1 – enters Nisga'a Lands at Fulmar Creek and continues in a general northwesterly direction, passing through unsurveyed Nisga'a Land, District Lots 4014 and 2627, to the northerly boundary of District Lot 2627, using a main logging road and spurs. Includes four separate access branches.
Maps 103P.015 and 103P.016

Road No. 2 – trail between Block B of District Lot 2626, and the main hydro line in the vicinity of the southerly boundary of District Lot 2625.
Map 103P.025

Road No. 3 – an existing road between Nisga'a Highway and Hydro's right of way near the southerly boundary of District Lot 1722.
Map 103P.025

Road No. 4 – an existing road between Nisga'a Highway and Hydro's right of way in the Northwest 1/4 of District Lot 1723.
Map. 103P.025

Road No. 5 – an existing road between Nisga'a Highway and Hydro's right of way lying south of Block A of District Lot 1726.
Map 103P.026

Road No. 6 – an existing road between Nisga'a Highway and Hydro's right of way in the southeast corner of District Lot 1730.
Map 103P.026

Road No. 7 – access spur between Nisga'a Highway and Hydro's right of way in the vicinity of the southerly boundary of District Lot 1734.
Map 103P.036

Road No. 8 – an existing trail between Nisga'a Highway and Hydro's right of way in the vicinity of the northerly boundary of District Lot 1734.
Map 103P.036

Road No. 9 – access road between Nisga'a Highway and Hydro's right of way running southwesterly from the highway passing through District Lots 1746, 1742, 1741, and 1738 along decommissioned roads. Includes one access spur.
Map 103P.036

Road No. 10 – access road between Grease Trail Forest Service Road and Hydro's right of way, running in a northeasterly direction within District Lot 3063.
Map 103P.036

Road No. 11 – access road between Grease Trail Forest Service Road and Hydro's right of way, running in a westerly direction within District Lot 3066.
Map 103P.035

Road No. 12 – access road between S.U.P. 9228 (Kshadin to Alice Arm) and Hydro's right of way, running is a southerly direction passing through District Lot 166I along former RO6419.
Map 103P.035

Road No. 13 – From Nisga'a Highway to the easterly boundary of Block B of District Lot 1726, Cassiar District.
Map 103P.025 and 103P. 026

Road No. 14 – From Nisga'a Highway to Block B of District Lot 2626, Cassiar District.
Map 103P.025

Appendix C-2: Applicable Forms of Document for Existing Interests Listed in Part 1 of Appendix C-1

Document 1: License of Occupation for Communication Site

This Agreement made this __________ day of ____________________ , 199__

Between:

Nisga'a Nation, of

__________________________________________
(the "Owner")

And:
of ________________________________________
(the "Licensee")

Whereas the Owner has agreed to grant to the License a license to enter on and use that parcel of land (the "Land") located generally in the vicinity of ______________________ and described in the schedule attached and entitled "Legal Description";

Now therefore in consideration of the fee to be paid by, and the covenants of, the License, the parties agree as follows:

Article 1: Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the License a license to enter on and use the Land for the purpose of constructing and maintaining for communication purposes any building, tower, road, antennae, powerline or other physical infrastructure shown in the site plan and site elevation drawing forming part of the Legal Description Schedule (the "Civil Infrastructure").

Article 2: Duration

2.1 The duration of the license and the rights herein granted shall be for a term of 20 years commencing on the day of , 199 (the "Commencement Date") unless cancelled in accordance with Article 6.

2.2 Not withstanding anything to the contrary in this license, so long as:

  • the License is not in default of any of the material terms or conditions of this license; and
  • the License has given the Owner, not more than __ days prior to the expiration of the term herein granted, notice in writing of the License's wish to re-apply for a new license to enter on and use the Land

the Owner may agree to offer a new license to the License by notice to the License, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of 60 days from the date of receipt of the notice from the Owner to accept a new license to enter on and use the Land by executing the new license contained in the notice and delivering it to the Owner.

Article 3: License Fee

3.1 The Licensee shall pay to the Owner an annual license fee during the term of this license, in advance, as follows:

  • during the first five years of the term of this license (the "Initial Fee Period"), the License shall pay to the Owner:
    • on the Commencement Date, the sum of $______ ; and
    • on each annual anniversary of the Commencement Date during the "Initial Fee Period", a sum equal to the greater of:
      1. the annual license fee for the immediately preceding year; and
      2. the amount which would be payable on that date under the then- existing policies of the Province of British Columbia with respect to the payment of rent for communication sites located on similar Crown Land (the "Provincial Policies"); and
  • during each subsequent five year period over the term of this license (a "Subsequent Fee Period"), the License shall pay to the Owner on each annual anniversary of the Commencement Date a sum equal to the greatest of:
    • the annual license fee for the immediately preceding year,
    • the amount which would be payable on that date under the then-existing Provincial Policies, or
    • the annual fair market rent for the Subsequent Fee Period, if that annual fair market rent has been determined:
      1. by written agreement between the Owner and the License prior to the Subsequent Fee Period; or
      2. pursuant to the dispute resolution process set out in Article 10, invoked by the Owner or the License prior to the Subsequent Fee Period.

3.2 In this Article, "annual fair market rent" means the fee which a willing licensee at arm's length from the Owner would pay to the Owner in respect of the Land excluding any allocation of value to any fixtures or improvements located on the Land:

  • belonging to the License; or
  • not available for use by the License.
Article 4: Covenants of the License

4.1 The Licensee covenants with the Owner:

  • to pay the license fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by the giving of notice to the Licensee in accordance with Article 8;
  • to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged that relate to the Land or any of the License's improvements thereon (the "Realty Taxes") that the License is liable to pay;
  • to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land and improvements situate thereon, or their use and occupation;
  • not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the License is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;
  • to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (k), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the License required to be observed by the License pursuant to this license;
  • to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:
    • any breach, violation or non-performance of any covenant, condition or agreement in this license by the License, or
    • any personal injury, death or property damage arising out of the License's use and occupation of the Land

      and the Owner may add the amount of such losses, damages, costs and liabilities to the Fee and the amount so added shall be payable to the Owner immediately;
  • to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the License;
  • to permit the Owner or its authorized representative to enter upon the Land at any time to examine its condition;
  • to use and occupy the Land in accordance with the provisions of this license including those set forth in the schedule attached and entitled "Special Provisos" ;
  • on the expiration or at the earlier cancellation of this license:
    • to quit peaceably and deliver possession of the Land to the Owner,
    • to remove from the Land all above-ground buildings, machinery, plant equipment and apparatus and all other improvements to or things on the Land erected or placed on the Land by the License, and
    • to restore the surface of the Land to the satisfaction of the Owner acting reasonably,

      and to the extent necessary, this covenant shall survive the expiration or cancellation of this license;
  • to effect and keep in force during the term insurance protecting the Owner and the License (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land to an amount not less than $1,000,000.00; except, however, that the Owner may, in its sole discretion, waive the requirements of this subsection on the delivery to the Owner of evidence that the License is self insured;
  • notwithstanding subsection (k), the Owner may from time to time notify the License that the amount of insurance posted by the License pursuant to that subsection be changed and the License shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the License is self-insuring this section shall not apply;
  • not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Land under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Land, in accordance with Section 9.3; and
  • on request of the Owner, to provide to the Owner an inventory of communication uses sufficient to allow the calculation of fees under the Provincial Policies.
Article 5: Assignment

5.1 The Licensee shall not assign this license or grant a sublicense of any part of the Land without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the License may, without the prior written consent of the Owner, assign its interest in all or a part of the Land to an affiliate (as defined in the Company Act, RSBC 1996) of the License provided that the License gives written notice of any such change at least 120 days prior to the next anniversary date of the term of this license.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the License from the observance and performance of the License's obligations contained in this license.

Article 6: Cancellation

6.1 If the License fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the License of the nature of the failure for a period of:

  • 30 days; or
  • 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the License is proceeding diligently and continuously to cure the failure throughout

then the Owner may cancel this license and, notwithstanding subsection 4.1 (j), any fixtures to the Land shall become, at the discretion of the Owner, the property of the Owner.

6.2 If this license is taken in execution or attachment by any person, or the License commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the License, cancel this license and the rights herein granted.

6.3 If the License ceases to use the Land for the purposes permitted herein and the License does not recommence its use of the Land within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel this license and the rights herein granted.

6.4 If the Owner requires a portion of the Land for a public purpose, the Owner may, in accordance with section 6.5 and on 180 days written notice to the License, cancel this license and the rights herein granted with respect to no more than 5% of the whole of the Land.

6.5 Concurrently with the notice referred to in section 6.4, the Owner will give the License written notice that the Owner will, at its cost, relocate the License's structures and improvements that are materially affected by the cancellation in Section 6.4 to a different location on the Land or to a location on other land immediately adjacent to the Land (the "New Location"). The New Location must, in the reasonable opinion of the License, be of sufficient size to accommodate the License's structures and improvements and be equally suitable for the purposes of the License. The Owner will pay for any reasonable costs of moving the License and its structures and improvements to the New Location. If the License's structures and improvements cannot be moved to the New Location, the Owner will pay to the License the reasonable costs of constructing new improvements on the New Location. As full compensation for all other costs, expenses and damages that the License may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment and failing agreement, the matter shall be referred to arbitration pursuant to Article 10. All other terms and conditions of this license will apply to the New Location for the balance of the original term.

6.6 The Licensee may deliver a written notice to the Owner cancelling this license and thereafter the license and the rights herein granted will terminate 180 days after the date of receipt by the Owner of such written notice.

6.7 Notwithstanding subsection 4.1 (j), any building, machinery, plant, equipment, apparatus or other improvements to the Land (collectively, the "Improvements") that remains unremoved from the Land:

  • upon the cancellation of this license pursuant to section 6.1, section 6.4 or section 6.6; or
  • thirty days after the expiration of this license or the cancellation of this license pursuant to section 6.2 or section 6.3 (provided that if further time is reasonably required because of the nature of the Improvements or because of other constraints beyond the control of the License, including weather, and provided that the License is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this license),

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.8 If the Owner elects to assume ownership of any Improvements pursuant to section 6.7, the Owner may remove them from the Land and the License shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.9 The rights of the Owner under section 6.7 and section 6.8 shall be deemed to survive the expiration or earlier cancellation of this license.

Article 7: Security

7.1 The security in the sum of______$ and all rights, privileges, benefits and interests accruing thereto delivered by the License to the Owner (herein called the "Security") to guarantee the performance of the License's obligations under this license shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. The Owner may, in its sole discretion, waive the requirements of this section.

7.2 In the event the License defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this license.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1 the Owner may, acting reasonably, from time to time by notice to the License, demand the amount to be changed to that specified in a notice and the License shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that while Security is waived under section 7.1 this section shall not apply.

Article 8: Notice

8.1 Whenever service of a notice or a document is required under this license, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the License, as the case may be, at the addresses specified for each on the first page of this license, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. If there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this license and after another address has been specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9: Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the License requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the License.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This license shall not entitle the License to exclusive possession of the Land and the Owner may, for any purpose, grant to others interests in the Land or rights to enter on or use or occupy the Land, or may otherwise authorize other persons to enter on or use or occupy the Land, so long as the grant or authorization does not materially affect the exercise of the License's rights hereunder. The question of whether a grant materially affects the exercise of the License's rights hereunder shall be determined by the Owner acting reasonably. If the Owner, by written instrument, grants a license, right or interest to others to use or occupy the Land, such grant will contain a provision identical to subsection 4.1 (g) of this license obligating the new grantee to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner.

9.4 The terms and provisions of this license shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10: Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this license or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11: Interpretation

11.1 In this license, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this license are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this license or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts and sections of this license shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

In Witness Whereof, the parties have executed this license as of the day and year first above written.

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Legal Description Schedule
  1. Legal Description
  2. Sketch Plan
Special Provisos Schedule

Special Provisos:

  1. The Licensee shall comply with the provisions of his Radio Station License issued by Communications Canada and any subsequent amendments to that license.
  2. The Licensee shall inform the Owner of any amendments to his Radio Station License.

Document 2: License of Occupation for Provincial Communication Site

This Agreement made this __________ day of ____________________ , 199__

Between:

 

 

 

And:

 

Nisga'a Nation, of

__________________________________________
(the "Owner")

 

Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Transportation and Highways of

__________________________________________
(the "Licensee")

Whereas the Owner has agreed to grant to the License a license to enter on and use that parcel of land (the "Land") located generally in the vicinity of ________________ and described in the schedule attached and entitled "Legal Description";

Now therefore in consideration of the fee to be paid by and the covenants of the License, the parties agree as follows:

Article 1: Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the License a license to enter on and use the Land for the purpose of constructing and maintaining for communication purposes any building, tower, road, antennae, powerline or other physical infrastructure shown in the site plan and site elevation drawing forming part of the Legal Description Schedule (the "Civil Infrastructure").

Article 2: Duration

2.1 The duration of the license and the rights herein granted shall be for a term of 20 years commencing on the_______ day of_______ , 199_ (the "Commencement Date") unless cancelled in accordance with Article 6.

2.2 Notwithstanding anything to the contrary in this license, so long as:

  • the License is not in default of any of the material terms or conditions of this license; and
  • the License has given the Owner, not more than ____ days prior to the expiration of the term herein granted, notice in writing of the License's wish to re-apply for a new license to enter on and use the Land

the Owner may agree to offer a new license to the License by notice to the License, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of 60 days from the date of receipt of the notice from the Owner to accept a new license of the Land by executing the new license contained in the notice and delivering it to the Owner.

Article 3: License Fee

3.1 The Licensee shall pay to the Owner a license fee of $1.00 for the entire term.

Article 4: Covenants of the License

4.1 The Licensee covenants with the Owner:

  • to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged that relate to the Land or any of the License's improvements thereon (the "Realty Taxes") that the License is liable to pay;
  • to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land and improvements situate thereon, or their use and occupation;
  • not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the License is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;
  • to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (j), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the License required to be observed by the License pursuant to this license;
  • to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:
    • any breach, violation or non-performance of any covenant, condition or agreement in this license by the License, or
    • any personal injury, death or property damage arising out of the License's use and occupation of the Land

      and the amount of such losses, damages, costs and liabilities shall be payable to the Owner immediately;
  • to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the License;
  • to permit the Owner or its authorized representative to enter upon the Land at any time to examine its condition;
  • to use and occupy the Land in accordance with the provisions of this license including those set forth in the schedule attached and entitled "Special Provisos";
  • on the expiration or at the earlier cancellation of this license:
    • to quit peaceably and deliver possession of the Land to the Owner,
    • to remove from the Land all above-ground buildings, machinery, plant equipment and apparatus and all other improvements to or things on the Land erected or placed on the Land by the License, and
    • to restore the surface of the Land to the satisfaction of the Owner acting reasonably,

      and to the extent necessary, this covenant shall survive the expiration or cancellation of this license;
  • to effect, and keep in force during the term, insurance protecting the Owner and the License (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land to an amount not less than $1,000,000.00; except that so long as the License is Her Majesty the Queen in Right of the Province of British Columbia or a British Columbia crown corporation, the Owner will waive the requirements of this subsection on the delivery to the Owner of confirmation that the License is self insured;
  • notwithstanding subsection (j), the Owner may from time to time notify the License that the amount of insurance posted by the License pursuant to that subsection be changed and the License shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (j) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the License is self-insuring this section shall not apply; and
  • not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Land under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Land, in accordance with Section 9.3.
Article 5: Assignment

5.1 The Licensee shall not assign this license or grant a sublicense of any part of the Land without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the License may, without the prior written consent of the Owner, assign its interest in all or a part of the Land to a British Columbia crown corporation provided that the License gives written notice of any such change at least 120 days prior to the next anniversary date of the term of this license.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the License from the observance and performance of the License's obligations contained in this license.

Article 6: Cancellation

6.1 If the License fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the License of the nature of the failure for a period of:

  • 30 days; or
  • 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the License is proceeding diligently and continuously to cure the failure throughout

then, and in any such case, the Owner may cancel this license and, notwithstanding subsection 4.1 (i), any fixtures to the Land shall become, at the discretion of the Owner, the property of the Owner.

6.2 If this license is taken in execution or attachment by any person, or the License commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the License, cancel this license and the rights herein granted.

6.3 If the License ceases to use the Land for the purposes permitted herein and the License does not recommence its use of the Land within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel this license and the rights herein granted.

6.4 If the Owner requires a portion of the Land for a public purpose, the Owner may, in accordance with section 6.5 and on 180 days written notice to the License, cancel this license and the rights herein granted with respect to no more than 5% of the whole of the Land.

6.5 Concurrently with the notice referred to in section 6.4, the Owner will give the License written notice that the Owner will, at its cost, relocate the License's structures and improvements that are materially affected by the cancellation in Section 6.4 to a different location on the Land or to a location on other land immediately adjacent to the Land (the "New Location"). The New Location must, in the reasonable opinion of the License, be of sufficient size to accommodate the License's structures and improvements and be equally suitable for the purposes of the License. The Owner will pay for any reasonable costs of moving the License and its structures and improvements to the New Location. If the License's structures and improvements cannot be moved to the New Location, the Owner will pay to the License the reasonable costs of constructing new improvements on the New Location. As full compensation for all other costs, expenses and damages that the License may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment and failing agreement, the matter shall be referred to arbitration pursuant to Article 10. All other terms and conditions of this license will apply to the New Location for the balance of the original term.

6.6 The Licensee may deliver a written notice to the Owner cancelling this license and thereafter the license and the rights herein granted will terminate 180 days after the date of receipt by the Owner of such written notice.

6.7 Notwithstanding subsection 4.1 (i), any buildings, machinery, plant, equipment and apparatus and all other improvements to the Land (collectively, the "Improvements") that remain unremoved from the Land:

  • upon the cancellation of this license pursuant to section 6.1, section 6.4 or section 6.6; or
  • thirty days after the expiration or cancellation of this license pursuant to section 6.2 or section 6.3 (provided that if further time is reasonably required because of the nature of the Improvements or because of other constraints beyond the control of the License, including weather, and provided that the License is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this license)

shall, at the discretion of the owner, be forfeited to and become the property of the Owner.

6.8 If the Owner elects to assume ownership of any above-ground Improvements pursuant to section 6.7, the Owner may remove them from the Land and the License shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.9 The rights of the Owner under section 6.7 and section 6.8 shall be deemed to survive the expiration or earlier cancellation of this license.

Article 7: Security

7.1 The security in the sum of $1.00 and all rights, privileges, benefits and interests accruing thereto delivered by the License to the Owner (herein called the "Security") to guarantee the performance of the License's obligations under this license shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. So long as the License is Her Majesty the Queen in Right of the Province of British Columbia or a British Columbia crown corporation, the Owner will waive the requirements of this section.

7.2 In the event the License defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this license.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1, the Owner may, acting reasonably, from time to time by notice to the License, demand the amount to be changed to that specified in a notice and the License shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that while Security is waived under section 7.1, this section shall not apply.

Article 8: Notice

8.1 Whenever service of a notice or a document is required under this license, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the License, as the case may be, at the addresses specified for each on the first page of this license, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. If there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this license and after another address is specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9: Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the License requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the License.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This license shall not entitle the License to exclusive possession of the Land and the Owner may, for any purpose, grant to others interests in the Land or rights to enter on or use or occupy the Land, or may otherwise authorize other persons to enter on or use or occupy the Land, so long as the grant or authorization does not materially affect the exercise of the License's rights hereunder. The question of whether a grant materially affects the exercise of the License's rights hereunder shall be determined by the Owner acting reasonably. If the Owner, by written instrument, grants a license, right or interest to others to use or occupy the Land, such grant will contain a provision identical to subsection 4.1 (f) of this license obligating the new grantee to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner.

9.4 The terms and provisions of this license shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10: Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this license or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11: Interpretation

11.1 In this license, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this license are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this license or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts and sections of this license shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

In Witness Whereof, the parties have executed this license as of the day and year first above written.

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Legal Description Schedule
  1. Legal Description
  2. Sketch Plan
Special Provisos Schedule

Special Provisos:

  1. The Licensee shall comply with the provisions of his Radio Station License issued by Communications Canada and any subsequent amendments to that license.
  2. The Licensee shall inform the Owner of any amendments to his Radio Station License.

Document 3: License of Occupation for Communication Site with Utility Access

This Agreement made this __________ day of ____________________ , 199__

Between:

 

 

 

And:

 

Nisga'a Nation, of

__________________________________________
(the "Owner")

 

of ________________________________________
(the "Licensee")

Whereas the Owner has agreed to grant to the License a license to enter on and use that parcel of land (the "Land") located generally in the vicinity of ____________________ and described in the schedule attached and entitled "Legal Description"; and

Whereas the Owner has agreed to grant to the License a license over a portion (the "Utility Area") of lands described in the schedule attached and entitled "Utility License"" for the purpose of providing a powerline to the Land;

Now therefore in consideration of the fee to be paid by, and the covenants of, the License, the parties agree as follows:

Article 1: Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the License:

  • a license to enter on and use the Land for the purpose of constructing and maintaining for communication purposes any building, tower, road, antennae, powerline or other physical infrastructure shown in the site plan and site elevation drawing forming part of the Legal Description Schedule (the "Civil Infrastructure"); and
  • a license to enter on and use the Utility Area, with or without equipment, machinery and materials as reasonably required by the License, to construct, instal, operate, maintain, repair, replace and use powerlines and all ancillary works on the Utility Area as reasonably required to provide power to the Land (the licenses in subsections 1.1 (a) and (b) are collectively "the License").
Article 2: Duration

2.1 The duration of "the License" and the rights herein granted shall be for a term of 20 years commencing on the_______ day of______, 199 (the "Commencement Date") unless cancelled in accordance with Article 6.

2.2 Notwithstanding anything to the contrary in this License, so long as:

  • the License is not in default of any of the material terms or conditions of this License; and
  • the License has given the Owner, not more than • days prior to the expiration of the term herein granted, notice in writing of the License's wish to re-apply for a new license to enter on and use the Land and the Utility Area

the Owner may agree to offer a new license to the License by notice to the License, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of 60 days from the date of receipt of the notice from the Owner to accept a new License to enter on and use the Land and the Utility Area by executing the new License contained in the notice and delivering it to the Owner.

Article 3: License Fee

3.1 The Licensee shall pay to the Owner an annual License fee during the term of this License, in advance, as follows:

  • during the first five years of the term of this License (the "Initial Fee Period"), the License shall pay to the Owner:
    • on the Commencement Date, the sum of $_____ ; and
    • on each annual anniversary of the Commencement Date during the "Initial Fee Period", a sum equal to the greater of:
      1. the annual License fee for the immediately preceding year; or
      2. the amount which would be payable on that date under the then-existing policies of the Province of British Columbia with respect to the payment of rent for communication sites located on similar Crown Land (the "Provincial Policies"); and
  • during each subsequent five year period over the term of this License (a "Subsequent Fee Period"), the License shall pay to the Owner on each annual anniversary of the Commencement Date a sum equal to the greatest of:
    • the annual License fee for the immediately preceding year,
    • the amount which would be payable on that date under the then-existing Provincial Policies, or
    • the annual fair market rent for the Subsequent Fee Period, if that annual fair market rent has been determined:
      1. by written agreement between the Owner and the License prior to the Subsequent Fee Period; or
      2. pursuant to the dispute resolution process set out in Article 10, invoked by the Owner or the License prior to the Subsequent Fee Period.

3.2 In this Article, "annual fair market rent" means the fee which a willing licensee at arm's length from the Owner would pay to the Owner in respect of the Land excluding any allocation of value to any fixtures or improvements located on the Land:

  • belonging to the License; or
  • not available for use by the License.
Article 4: Covenants of the License

4.1 The Licensee covenants with the Owner:

  • to pay "the License" fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by the giving of notice to the Licensee in accordance with Article 8;
  • to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged that relate to the Land or to the Utility Area or any of the License's improvements thereon (the "Realty Taxes") that the License is liable to pay;
  • to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land or the Utility Area and improvements situate thereon, or their use and occupation;
  • not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or the Utility Area or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the License is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;
  • to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (k), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the License required to be observed by the License pursuant to this License;
  • to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:
    • any breach, violation or non-performance of any covenant, condition or agreement in this license by the License, or
    • any personal injury, death or property damage arising out of the License's use and occupation of the Land or the Utility Area

    and the Owner may add the amount of such losses, damages, costs and liabilities to the Fee and the amount so added shall be payable to the Owner immediately;

  • to keep the Land and the Utility Area in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land and the Utility Area or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the License;
  • to permit the Owner or its authorized representative to enter upon the Land or the Utility Area at any time to examine its condition;
  • to use and occupy the Land and the Utility Area in accordance with the provisions of this License including those set forth in the schedule attached and entitled "Special Provisos" ;
  • on the expiration or at the earlier cancellation of this License:
    • to quit peaceably and deliver possession of the Land and the Utility Area to the Owner,
    • to remove from the Land and the Utility Area all above-ground buildings, machinery, plant equipment and apparatus and all other improvements to or things on the Land or the Utility Area erected or placed on the Land or the Utility Area by the License, and
    • to restore the surface of the Land and the Utility Area to the satisfaction of the Owner acting reasonably, and to the extent necessary, this covenant shall survive the expiration or cancellation of this License;
  • to effect and keep in force during the term insurance protecting the Owner and the License (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land or the Utility Area to an amount not less than $1,000,000.00; except, however, that the Owner may, in its sole discretion, waive the requirements of this subsection on the delivery to the Owner of evidence that the License is self insured;
  • notwithstanding subsection (k), the Owner may from time to time notify the License that the amount of insurance posted by the License pursuant to that subsection be changed and the License shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the License is self-insuring this section shall not apply; and
  • not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Land or the Utility Area under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Land or the Utility Area, in accordance with Section 9.3; and
  • on request of the Owner, to provide to the Owner an inventory of communication uses sufficient to allow the calculation of fees under the Provincial Policies.
Article 5: Assignment

5.1 The Licensee shall not assign this License or grant a sublicense of any part of the Land or the Utility Area without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the License may, without the prior written consent of the Owner, assign its interest in all or a part of the Land and the Utility Area to an affiliate (as defined in the Company Act, RSBC 1996) of the License provided that the License gives written notice of any such change at least 120 days prior to the next anniversary date of the term of this License.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the License from the observance and performance of the License's obligations contained in this License.

Article 6: Cancellation

6.1 If the License fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the License of the nature of the failure for a period of:

  • 30 days; or
  • 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the License is proceeding diligently and continuously to cure the failure throughout;

then the Owner may cancel this License and, notwithstanding subsection 4.1 (j), any fixtures to the Land and Utility Area shall become, at the discretion of the Owner, the property of the Owner.

6.2 If this License is taken in execution or attachment by any person, or the License commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the License, cancel this License and the rights herein granted.

6.3 If the License ceases to use the Land or the Utility Area for the purposes permitted herein and the License does not recommence its use of the Land or the Utility Area within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel that portion of this License and the rights herein granted that relates to the Land or the Utility Area as the case may be.

6.4 If the Owner requires a portion of the Land or the Utility Area for a public purpose, the Owner may, in accordance with section 6.5 and on 180 days written notice to the License, cancel this License and the rights herein granted with respect to no more than 5% of the whole of the Land, no more than 5% of the whole of the Utility Area, or no more than 5% of the combined area, as the case may be.

6.5 Concurrently with the notice referred to in section 6.4, the Owner will give the License written notice that the Owner will, at its cost, relocate the License's structures and improvements that are materially affected by the cancellation in Section 6.4 to a different location on the Land or the Utility Area, as the case may be, or to a location on other land immediately adjacent to the Land or the Utility Area (the "New Location"). The New Location must, in the reasonable opinion of the License, be of sufficient size to accommodate the License's structures and improvements and be equally suitable for the purposes of the License. The Owner will pay for any reasonable costs of moving the License and its structures and improvements to the New Location. If the License's structures and improvements cannot be moved to the New Location, the Owner will pay to the License the reasonable costs of constructing new improvements on the New Location. As full compensation for all other costs, expenses and damages that the License may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment and failing agreement, the matter shall be referred to arbitration pursuant to Article 10. All other terms and conditions of this License will apply to the New Location for the balance of the original term.

6.6 The Licensee may deliver a written notice to the Owner cancelling this License, in whole or with respect to the Utility Area only, and thereafter "the License" and the rights herein granted will, in whole or with respect to the Utility Area only, terminate 180 days after the date of receipt by the Owner of such written notice.

6.7 Notwithstanding subsection 4.1 (j), any building, machinery, plant, equipment, apparatus or other improvements to the Land or the Utility Area (collectively, the "Improvements") that remains unremoved from the Land or the Utility Area:

  • upon the cancellation of this License pursuant to section 6.1, section 6.4 or section 6.6; or
  • thirty days after the expiration of this License or the cancellation of this License pursuant to section 6.2 or section 6.3 (provided that if further time is reasonably required because of the nature of the Improvements or because of other constraints beyond the control of the License, including weather, and provided that the License is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this License),

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.8 If the Owner elects to assume ownership of any above-ground Improvements pursuant to section 6.7, the Owner may remove them from the Land or the Utility Area and the License shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.9 The rights of the Owner under section 6.7 and section 6.8 shall be deemed to survive the expiration or earlier cancellation of this License.

Article 7: Security

7.1 The security in the sum of______$ and all rights, privileges, benefits and interests accruing thereto delivered by the License to the Owner (herein called the "Security") to guarantee the performance of the License's obligations under this License shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. The Owner may, in its sole discretion, waive the requirements of this section.

7.2 In the event the License defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this License.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1, the Owner may, acting reasonably, from time to time by notice to the License, demand the amount to be changed to that specified in a notice and the License shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that while Security is waived under section 7.1, this section shall not apply.

Article 8: Notice

8.1 Whenever service of a notice or a document is required under this License, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the License, as the case may be, at the addresses specified for each on the first page of this License, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. If there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this License and after another address has been specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9: Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the License requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the License.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This License shall not entitle the License to exclusive possession of the Land or the Utility Area and the Owner may, for any purpose, grant to others interests in the Land or the Utility Area, or rights to enter on or use or occupy the Land or the Utility Area, or may otherwise authorize other persons to enter on or use or occupy the Land or the Utility Area, so long as the grant or authorization does not materially affect the exercise of the License's rights hereunder. The question of whether a grant materially affects the exercise of the License's rights hereunder shall be determined by the Owner acting reasonably. If the Owner, by written instrument, grants a license, right or interest to others to use or occupy the Land or the Utility Area, such grant will contain a provision identical to subsection 4.1 (g) of this License obligating the new grantee to keep the Land or the Utility Area in a safe, clean and sanitary condition satisfactory to the Owner.

9.4 The terms and provisions of this License shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10: Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this License or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11: Interpretation

11.1 In this License, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this License are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this License or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts and sections of this License shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

In Witness Whereof, the parties have executed this License as of the day and year first above written.

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Legal Description Schedule
  1. Legal Description
  2. Sketch Plan
Special Provisos Schedule

Special Provisos:

  1. The Licensee shall comply with the provisions of his Radio Station License issued by Communications Canada and any subsequent amendments to that license.
  2. The Licensee shall inform the Owner of any amendments to his Radio Station License.

Document 4: License of Occupation for Communication Site With Road Access

This Agreement made this __________ day of ____________________ , 199

Between:

 

 

 

And:

 

Nisga'a Nation, of

__________________________________________
(the "Owner")

 

of ________________________________________
(the "Licensee")

Whereas the Owner has agreed to grant to the License a license to enter on and use that parcel of land (the "Land") located generally in the vicinity of ____________________ and described in the schedule attached and entitled "Legal Description"; and

Whereas the Owner has agreed to grant to the License a license to pass and repass over a portion (the "Access Area") of lands described in the schedule attached and entitled "Access License" for the purpose of obtaining access to the Land;

Now therefore in consideration of the fee to be paid by, and the covenants of, the License, the parties agree as follows:

Article 1: Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the License:

  • a license to enter on and use the Land for the purpose of constructing and maintaining for communication purposes any building, tower, road, antennae, powerline or other physical infrastructure shown in the site plan and site elevation drawing forming part of the Legal Description Schedule (the "Civil Infrastructure"); and
  • a license to pass and repass over the Access Area, with or without equipment, machinery and materials as reasonably required by the License, and to construct, maintain, repair, replace and use trails, roads and bridges on the Access Area as reasonably required to obtain access to the Land (the licenses in subsections 1.1 (a) and (b) are collectively "the License").
Article 2: Duration

2.1 The duration of "the License" and the rights herein granted shall be for a term of 20 years commencing on the__________day of_______ , 199 (the "Commencement Date") unless cancelled in accordance with Article 6.

2.2 Notwithstanding anything to the contrary in this License, so long as:

  • the License is not in default of any of the material terms or conditions of this License; and
  • the License has given the Owner, not more than • days prior to the expiration of the term herein granted, notice in writing of the License's wish to re-apply for a new license to enter on and use the Land and the Access Area

the Owner may agree to offer a new license to the License by notice to the License, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of 60 days from the date of receipt of the notice from the Owner to accept a new License to enter on and use the Land and the Access Area by executing the new License contained in the notice and delivering it to the Owner.

Article 3: License Fee

3.1 The Licensee shall pay to the Owner an annual License fee during the term of this License, in advance, as follows:

  • during the first five years of the term of this License (the "Initial Fee Period"), the License shall pay to the Owner:
    • on the Commencement Date, the sum of • ; and
    • on each annual anniversary of the Commencement Date during the "Initial Fee Period", a sum equal to the greater of:
      1. the annual License fee for the immediately preceding year; or
      2. the amount which would be payable on that date under the then-existing policies of the Province of British Columbia with respect to the payment of rent for communication sites located on similar Crown Land (the "Provincial Policies"); and
  • during each subsequent five year period over the term of this License (a "Subsequent Fee Period"), the License shall pay to the Owner on each annual anniversary of the Commencement Date a sum equal to the greatest of:
    • the annual License fee for the immediately preceding year,
    • the amount which would be payable on that date under the then-existing Provincial Policies, or
    • the annual fair market rent for the Subsequent Fee Period, if that annual fair market rent has been determined:
      1. by written agreement between the Owner and the License prior to the Subsequent Fee Period; or
      2. pursuant to the dispute resolution process set out in Article 10, invoked by the Owner or the License prior to the Subsequent Fee Period.

3.2 In this Article, "annual fair market rent" means the fee which a willing licensee at arm's length from the Owner would pay to the Owner in respect of the Land excluding any allocation of value to any fixtures or improvements located on the Land:

  • belonging to the License; or
  • not available for use by the License.
Article 4: Covenants of the License

4.1 The Licensee covenants with the Owner:

  • to pay "the License" fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by the giving of notice to the Licensee in accordance with Article 8;
  • to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged that relate to the Land or to the Access Area or any of the License's improvements thereon (the "Realty Taxes") that the License is liable to pay;
  • to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land or the Access Area and improvements situate thereon, or their use and occupation;
  • not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or the Access Area or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the License is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;
  • to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (k), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the License required to be observed by the License pursuant to this License;
  • to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:
    • any breach, violation or non-performance of any covenant, condition or agreement in this license by the License, or
    • any personal injury, death or property damage arising out of the License's use and occupation of the Land or the Access Area
      and the Owner may add the amount of such losses, damages, costs and liabilities to the Fee and the amount so added shall be payable to the Owner immediately;
  • to keep the Land and the Access Area in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land and the Access Area or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the License;
  • to permit the Owner or its authorized representative to enter upon the Land or the Access Area at any time to examine its condition;
  • to use and occupy the Land and the Access Area in accordance with the provisions of this License including those set forth in the schedule attached and entitled "Special Provisos";
  • on the expiration or at the earlier cancellation of this License:
    • to quit peaceably and deliver possession of the Land and the Access Area to the Owner,
    • to remove from the Land and the Access Area all above-ground buildings, machinery, plant equipment and apparatus and all other improvements to or things on the Land or the Access Area erected or placed on the Land or the Access Area by the License, and
    • to restore the surface of the Land and the Access Area to the satisfaction of the Owner acting reasonably, and to the extent necessary, this covenant shall survive the expiration or cancellation of this License;
  • to effect and keep in force during the term insurance protecting the Owner and the License (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land or the Access Area to an amount not less than $1,000,000.00; except, however, that the Owner may, in its sole discretion, waive the requirements of this subsection on the delivery to the Owner of evidence that the License is self insured;
  • notwithstanding subsection (k), the Owner may from time to time notify the License that the amount of insurance posted by the License pursuant to that subsection be changed and the License shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the License is self-insuring this section shall not apply; and
  • not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Land or the Access Area under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Land or the Access Area, in accordance with Section 9.3; and
  • on request of the Owner, to provide to the Owner an inventory of communication uses sufficient to allow the calculation of fees under the Provincial Policies.
Article 5: Assignment

5.1 The Licensee shall not assign this License or grant a sublicense of any part of the Land or the Access Area without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the License may, without the prior written consent of the Owner, assign its interest in all or a part of the Land and the Access Area to an affiliate (as defined in the Company Act, RSBC 1996) of the License provided that the License gives written notice of any such change at least 120 days prior to the next anniversary date of the term of this License.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the License from the observance and performance of the License's obligations contained in this License.

Article 6: Cancellation

6.1 If the License fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the License of the nature of the failure for a period of:

  • 30 days; or
  • 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the License is proceeding diligently and continuously to cure the failure throughout;

then the Owner may cancel this License and, notwithstanding subsection 4.1 (j), any fixtures to the Land and Access Area shall become, at the discretion of the Owner, the property of the Owner.

6.2 If this License is taken in execution or attachment by any person, or the License commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the License, cancel this License and the rights herein granted.

6.3 If the License ceases to use the Land or the Access Area for the purposes permitted herein and the License does not recommence its use of the Land or the Access Area within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel that portion of this License and the rights herein granted that relates to the Land or the Access Area as the case may be.

6.4 If the Owner requires a portion of the Land or the Access Area for a public purpose, the Owner may, in accordance with section 6.5 and on 180 days written notice to the License, cancel this License and the rights herein granted with respect to no more than 5% of the whole of the Land, or no more than 5% of the whole of the Access Area, or no more than 5% of the combined area, as the case may be.

6.5 Concurrently with the notice referred to in section 6.4, the Owner will give the License written notice that the Owner will, at its cost, relocate the License's structures and improvements that are materially affected by the cancellation in Section 6.4 to a different location on the Land or the Access Area, as the case may be, or to a location on other land immediately adjacent to the Land or the Access Area (the "New Location"). The New Location must, in the reasonable opinion of the License, be of sufficient size to accommodate the License's structures and improvements and be equally suitable for the purposes of the License. The Owner will pay for any reasonable costs of moving the License and its structures and improvements to the New Location. If the License's structures and improvements cannot be moved to the New Location, the Owner will pay to the License the reasonable costs of constructing new improvements on the New Location. As full compensation for all other costs, expenses and damages that the License may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment and failing agreement, the matter shall be referred to arbitration pursuant to Article 10. All other terms and conditions of this License will apply to the New Location for the balance of the original term.

6.6 The Licensee may deliver a written notice to the Owner cancelling this License, in whole or with respect to the Access Area only, and thereafter "the License" and the rights herein granted will, in whole or with respect to the Access Area only, terminate 180 days after the date of receipt by the Owner of such written notice.

6.7 Notwithstanding subsection 4.1 (j), any building, machinery, plant, equipment, apparatus or other improvements to the Land or the Access Area (collectively, the "Improvements") that remains unremoved from the Land or the Access Area:

  • upon the cancellation of this License pursuant to section 6.1, section 6.4 or section 6.6; or
  • thirty days after the expiration of this License or the cancellation of this License pursuant to section 6.2 or section 6.3 (provided that if further time is reasonably required because of the nature of the Improvements or because of other constraints beyond the control of the License, including weather, and provided that the License is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this License),

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.8 If the Owner elects to assume ownership of any above-ground Improvements pursuant to section 6.7, the Owner may remove them from the Land or the Access Area and the License shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.9 The rights of the Owner under section 6.7 and section 6.8 shall be deemed to survive the expiration or earlier cancellation of this License.

Article 7: Security

7.1 The security in the sum of______$ and all rights, privileges, benefits and interests accruing thereto delivered by the License to the Owner (herein called the "Security") to guarantee the performance of the License's obligations under this License shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. The Owner may, in its sole discretion, waive the requirements of this section.

7.2 In the event the License defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this License.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1, the Owner may, acting reasonably, from time to time by notice to the License, demand the amount to be changed to that specified in a notice and the License shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that while Security is waived under section 7.1, this section shall not apply.

Article 8: Notice

8.1 Whenever service of a notice or a document is required under this License, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the License, as the case may be, at the addresses specified for each on the first page of this License, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. If there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this License and after another address has been specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9: Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the License requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the License.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This License shall not entitle the License to exclusive possession of the Land or the Access Area and the Owner may, for any purpose, grant to others interests in the Land or the Access Area, or rights to enter on or use or occupy the Land or the Access Area, or may otherwise authorize other persons to enter on or use or occupy the Land or the Access Area, so long as the grant or authorization does not materially affect the exercise of the License's rights hereunder. The question of whether a grant materially affects the exercise of the License's rights hereunder shall be determined by the Owner acting reasonably. If the Owner, by written instrument, grants a license, right or interest to others to use or occupy the Land or the Access Area, such grant will contain a provision identical to subsection 4.1 (g) of this License obligating the new grantee to keep the Land or the Access Area in a safe, clean and sanitary condition satisfactory to the Owner.

9.4 The terms and provisions of this License shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10: Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this License or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11: Interpretation

11.1 In this License, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this License are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this License or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts and sections of this License shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

In Witness Whereof, the parties have executed this License as of the day and year first above written.

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Legal Description Schedule
  1. Legal Description
  2. Sketch Plan
Special Provisos Schedule

Special Provisos:

  1. The Licensee shall comply with the provisions of his Radio Station License issued by Communications Canada and any subsequent amendments to that license.
  2. The Licensee shall inform the Owner of any amendments to his Radio Station License.

Document 5: License of Occupation for Communication Site with Road Access and Utility Access

This Agreement made this __________ day of ____________________ , 199

Between:

 

 

 

And:

 

Nisga'a Nation, of

__________________________________________
(the "Owner")

 

of ________________________________________
(the "Licensee")

Whereas the Owner has agreed to grant to the Licensee a license to enter on and use that parcel of land (the "Land") located generally in the vicinity of ________________ and described in the schedule attached and entitled "Legal Description"; and

Whereas the Owner has agreed to grant to the Licensee a license to pass and repass over a portion (the "Access Area") of lands described in the schedule attached and entitled "Access License" for the purpose of obtaining access to the Land;

Whereas the Owner has agreed to grant to the Licensee a license over a portion (the "Utility Area") of lands described in the schedule attached and entitled "Utility License" for the purpose of providing a powerline to the Land;

Now therefore in consideration of the fee to be paid by, and the covenants of, the Licensee, the parties agree as follows:

Article 1: Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the License:

  • a license to enter on and use the Land for the purpose of constructing and maintaining for communication purposes any building, tower, road, antennae, powerline or other physical infrastructure shown in the site plan and site elevation drawing forming part of the Legal Description Schedule (the "Civil Infrastructure"); and
  • a license to pass and repass over the Access Area, with or without equipment, machinery and materials as reasonably required by the Licensee, and to construct, maintain, repair, replace and use trails, roads and bridges on the Access Area as reasonably required to obtain access to the Lands; and
  • a license to enter on and use the Utility Area, with or without equipment, machinery and materials as reasonably required by the Licensee, to construct, instal, operate, maintain, repair, replace and use powerlines and all ancillary works on the Utility Area as reasonably required to provide power to the Land (the licenses in subsections 1.1 (a), (b), and (c) are collectively "the License").
Article 2: Duration

2.1 The duration of the License and the rights herein granted shall be for a term of 20 years commencing on the day of   , 199   (the "Commencement Date") unless cancelled in accordance with Article 6.

2.2 Notwithstanding anything to the contrary in this License, so long as:

  • the License is not in default of any of the material terms or conditions of this License; and
  • the License has given the Owner, not more than • days prior to the expiration of the term herein granted, notice in writing of the License's wish to re-apply for a new license to enter on and use the Land and the Access Area and the Utility Area

the Owner may agree to offer a new license to the License by notice to the License, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of 60 days from the date of receipt of the notice from the Owner to accept a new License to enter on and use the Land and the Access Area and the Utility Area by executing the new License contained in the notice and delivering it to the Owner.

Article 3: License Fee

3.1 The Licensee shall pay to the Owner an annual License fee during the term of this License, in advance, as follows:

  • during the first five years of the term of this License (the "Initial Fee Period"), the License shall pay to the Owner:
    • on the Commencement Date, the sum of • ; and
    • on each annual anniversary of the Commencement Date during the "Initial Fee Period", a sum equal to the greater of:
      1. the annual License fee for the immediately preceding year; or
      2. the amount which would be payable on that date under the then-existing policies of the Province of British Columbia with respect to the payment of rent for communication sites located on similar Crown Land (the "Provincial Policies"); and
  • during each subsequent five year period over the term of this License (a "Subsequent Fee Period"), the License shall pay to the Owner on each annual anniversary of the Commencement Date a sum equal to the greatest of:
    • the annual License fee for the immediately preceding year,
    • the amount which would be payable on that date under the then-existing Provincial Policies, or
    • the annual fair market rent for the Subsequent Fee Period, if that annual fair market rent has been determined:
      1. by written agreement between the Owner and the License prior to the Subsequent Fee Period; or
      2. pursuant to the dispute resolution process set out in Article 10, invoked by the Owner or the License prior to the Subsequent Fee Period.

3.2 In this Article, "annual fair market rent" means the fee which a willing licensee at arm's length from the Owner would pay to the Owner in respect of the Land excluding any allocation of value to any fixtures or improvements located on the Land:

  • belonging to the License; or
  • not available for use by the License.
Article 4: Covenants of the License

4.1 The Licensee covenants with the Owner:

  • to pay "the License" fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by the giving of notice to the Licensee in accordance with Article 8;
  • to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged that relate to the Land, the Access Area or the Utility Area or any of the License's improvements thereon (the "Realty Taxes") that the License is liable to pay;
  • to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulati ons of any competent government authority in any way affecting the Land, the Access Area or the Utility Area and improvements situate thereon, or their use and occupation;
  • not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land, the Access Area or the Utility Area or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the License is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;
  • to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (k), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the License required to be observed by the License pursuant to this License;
  • to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:
    • any breach, violation or non-performance of any covenant, condition or agreement in this license by the License, or
    • any personal injury, death or property damage arising out of the License's use and occupation of the Land, the Access Area or the Utility Area
    • and the Owner may add the amount of such losses, damages, costs and liabilities to the Fee and the amount so added shall be payable to the Owner immediately;
  • to keep the Land, the Access Area and the Utility Area in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land, the Access Area and the Utility Area or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the License;
  • to permit the Owner or its authorized representative to enter upon the Land, the Access Area or the Utility Area at any time to examine its condition;
  • to use and occupy the Land, the Access Area and the Utility Area in accordance with the provisions of this License including those set forth in the schedule attached and entitled "Special Provisos";
  • on the expiration or at the earlier cancellation of this License:
    • to quit peaceably and deliver possession of the Land, the Access Area and the Utility Area to the Owner,
    • to remove from the Land, the Access Area and the Utility Area all above-ground buildings, machinery, plant equipment and apparatus and all other improvements to or things on the Land, the Access Area or the Utility Area erected or placed on the Land, the Access Area or the Utility Area by the License, and
    • to restore the surface of the Land, the Access Area and the Utility Area to the satisfaction of the Owner acting reasonably,
    • and to the extent necessary, this covenant shall survive the expiration or cancellation of this License;
  • to effect and keep in force during the term insurance protecting the Owner and the License (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land, the Access Area or the Utility Area to an amount not less than $1,000,000.00; except, however, that the Owner may, in its sole discretion, waive the requirements of this subsection on the delivery to the Owner of evidence that the License is self insured;
  • notwithstanding subsection (k), the Owner may from time to time notify the License that the amount of insurance posted by the License pursuant to that subsection be changed and the License shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the License is self-insuring this section shall not apply; and
  • not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Land, the Access Area or the Utility Area under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Land, the Access Area or the Utility Area in accordance with Section 9.3; and
  • on request of the Owner, to provide to the Owner an inventory of communication uses sufficient to allow the calculation of fees under the Provincial Policies.
Article 5: Assignment

5.1 The Licensee shall not assign this License or grant a sublicense of any part of the Land, the Access Area or the Utility Area without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the License may, without the prior written consent of the Owner, assign its interest in all or a part of the Land, the Access Area or the Utility Area to an affiliate (as defined in the Company Act, RSBC 1996) of the License provided that the License gives written notice of any such change at least 120 days prior to the next anniversary date of the term of this License.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the License from the observance and performance of the License's obligations contained in this License.

Article 6: Cancellation

6.1 If the License fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the License of the nature of the failure for a period of:

  • 30 days; or
  • 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the License is proceeding diligently and continuously to cure the failure throughout;
    then the Owner may cancel this License and, notwithstanding subsection 4.1 (j), any fixtures to the Land, Access Area and the Utility Area shall become, at the discretion of the Owner, the property of the Owner.

6.2 If this License is taken in execution or attachment by any person, or the License commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the License, cancel this License and the rights herein granted.

6.3 If the License ceases to use the Land, the Access Area or the Utility Area for the purposes permitted herein and the License does not recommence its use of the Land, the Access Area or the Utility Area within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel that portion of this License and the rights herein granted that relates to the Land, the Access Area or the Utility Area as the case may be.

6.4 If the Owner requires a portion of the Land, the Access Area or the Utility Area for a public purpose, the Owner may, in accordance with section 6.5 and on 180 days written notice to the License, cancel this License and the rights herein granted with respect to no more than 5% of the whole of the Land, no more than 5% of the whole of the Access Area, no more than 5% of the whole of the Utility Area, or no more than 5% of the combined area, as the case may be.

6.5 Concurrently with the notice referred to in section 6.4, the Owner will give the License written notice that the Owner will, at its cost, relocate the License's structures and improvements that are materially affected by the cancellation in Section 6.4 to a different location on the Land, the Access Area or the Utility Area as the case may be, or to a location on other land immediately adjacent to the Land, the Access Area or the Utility Area (the "New Location"). The New Location must, in the reasonable opinion of the License, be of sufficient size to accommodate the License's structures and improvements and be equally suitable for the purposes of the License. The Owner will pay for any reasonable costs of moving the License and its structures and improvements to the New Location. If the License's structures and improvements cannot be moved to the New Location, the Owner will pay to the License the reasonable costs of constructing new improvements on the New Location. As full compensation for all other costs, expenses and damages that the License may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment and failing agreement, the matter shall be referred to arbitration pursuant to Article 10. All other terms and conditions of this License will apply to the New Location for the balance of the original term.

6.6 The Licensee may deliver a written notice to the Owner cancelling this License, in whole or with respect to the Access Area only or to the Utility Area only, and thereafter "the License" and the rights herein granted will, in whole or with respect to the Access Area only, terminate 180 days after the date of receipt by the Owner of such written notice.

6.7 Notwithstanding subsection 4.1 (j), any building, machinery, plant, equipment, apparatus or other improvements to the Land, the Access Area or the Utility Area (collectively, the "Improvements") that remains unremoved from the Land, the Access Area or the Utility Area:

  • upon the cancellation of this License pursuant to section 6.1, section 6.4 or section 6.6; or
  • thirty days after the expiration of this License or the cancellation of this License pursuant to section 6.2 or section 6.3 (provided that if further time is reasonably required because of the nature of the Improvements or because of other constraints beyond the control of the License, including weather, and provided that the License is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this License),

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.8 If the Owner elects to assume ownership of any above-ground Improvements pursuant to section 6.7, the Owner may remove them from the Land, the Access Area or the Utility Area and the License shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.9 The rights of the Owner under section 6.7 and section 6.8 shall be deemed to survive the expiration or earlier cancellation of this License.

Article 7: Security

7.1 The security in the sum of______$ and all rights, privileges, benefits and interests accruing thereto delivered by the License to the Owner (herein called the "Security") to guarantee the performance of the License's obligations under this License shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. The Owner may, in its sole discretion, waive the requirements of this section.

7.2 In the event the License defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this License.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1, the Owner may, acting reasonably, from time to time by notice to the License, demand the amount to be changed to that specified in a notice and the License shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that while Security is waived under section 7.1, this section shall not apply.

Article 8: Notice

8.1 Whenever service of a notice or a document is required under this License, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the License, as the case may be, at the addresses specified for each on the first page of this License, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. If there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this License and after another address has been specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9: Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the License requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the License.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This License shall not entitle the License to exclusive possession of the Land, the Access Area or the Utility Area and the Owner may, for any purpose, grant to others interests in the Land, the Access Area or the Utility Area or rights to enter on or use or occupy the Land, the Access Area or the Utility Area or may otherwise authorize other persons to enter on or use or occupy the Land, the Access Area or the Utility Area so long as the grant or authorization does not materially affect the exercise of the License's rights hereunder. The question of whether a grant materially affects the exercise of the License's rights hereunder shall be determined by the Owner acting reasonably. If the Owner, by written instrument, grants a license, right or interest to others to use or occupy the Land, the Access Area or the Utility Area such grant will contain a provision identical to subsection 4.1 (g) of this License obligating the new grantee to keep the Land, the Access Area or the Utility Area in a safe, clean and sanitary condition satisfactory to the Owner.

9.4 The terms and provisions of this License shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10: Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this License or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11: Interpretation

11.1 In this License, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this License are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this License or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts and sections of this License shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

In Witness Whereof, the parties have executed this License as of the day and year first above written.

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Legal Description Schedule
  1. Legal Description
  2. Sketch Plan
Special Provisos Schedule

Special Provisos:

  1. The Licensee shall comply with the provisions of his Radio Station License issued by Communications Canada and any subsequent amendments to that license.
  2. The Licensee shall inform the Owner of any amendments to his Radio Station License.

Document 6: License of Occupation for Hydro Communication Site

This Agreement made this __________ day of ____________________, 199

Between:

 

 

 

And:

 

Nisga'a Nation, of

__________________________________________
(the "Owner")

 

of ________________________________________
(the "Licensee")

Whereas the Owner has agreed to grant to the License a license to enter on and use that parcel of land (the "Land") located generally in the vicinity of ________________ and described in the schedule attached and entitled "Legal Description";

Now therefore in consideration of the fee to be paid by, and the covenants, of the License, the parties agree as follows:

Article 1: Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the License a license to enter on and use the Land for the purpose of constructing and maintaining for communication purposes any building, tower, road, antennae, powerline or other physical infrastructure shown in the site plan and site elevation drawing forming part of the Legal Description Schedule (the "Civil Infrastructure").

Article 2: Duration

2.1 The duration of the license and the rights herein granted shall be for a term of 20 years commencing on the________day of______ , 199 (the "Commencement Date") unless cancelled in accordance with Article 6.

2.2 Notwithstanding anything to the contrary in this license, so long as:

  • the License is not in default of any of the material terms or conditions of this license; and
  • the License has given the Owner, not more than • days prior to the expiration of the term herein granted, notice in writing of the License's wish to re-apply for a new license to enter on and use the Land

the Owner may agree to offer a new license to the License by notice to the License, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of 60 days from the date of receipt of the notice from the Owner to accept a new license to enter on and use the Land by executing the new license contained in the notice and delivering it to the Owner.

Article 3: License Fee

3.1 The Licensee shall pay to the Owner an annual license fee during the term of this license, in advance, as follows:

  • during the first five years of the term of this license (the "Initial Fee Period"), the Licensee shall pay to the Owner:
    • on the Commencement Date, the sum of • ; and
    • on each annual anniversary of the Commencement Date during the "Initial Fee Period", a sum equal to the greater of:
      1. the annual license fee for the immediately preceding year; or
      2. the amount which would be payable on that date under the then-existing policies of the Province of British Columbia with respect to the payment of rent for communication sites located on similar Crown Land (the "Provincial Policies"); and
  • during each subsequent five year period over the term of this license (a "Subsequent Fee Period"), the License shall pay to the Owner on each annual anniversary of the Commencement Date a sum equal to the greatest of:
    • the annual license fee for the immediately preceding year;
    • the amount which would be payable on that date under the then-existing Provincial Policies; or
    • the annual fair market rent for the Subsequent Fee Period, if that annual fair market rent has been determined:
      1. by written agreement between the Owner and the License prior to the Subsequent Fee Period; or
      2. pursuant to the dispute resolution process set out in Article 10, invoked by the Owner or the License prior to the Subsequent Fee Period.

3.2 In this Article, "annual fair market rent" means the fee which a willing licensee at arm's length from the Owner would pay to the Owner in respect of the Land excluding any allocation of value to any fixtures or improvements located on the Land:

  • belonging to the License; or
  • not available for use by the License.
Article 4: Covenants of the License

4.1 The Licensee covenants with the Owner:

  • to pay the license fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by the giving of notice to the Licensee in accordance with Article 8;
  • to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged that relate to the Land or any of the License's improvements thereon (the "Realty Taxes") that the License is liable to pay;
  • to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land and improvements situate thereon, or their use and occupation;
  • not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the License is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;
  • to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (k), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the License required to be observed by the License pursuant to this license;
  • to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:
    • any breach, violation or non-performance of any covenant, condition or agreement in this license by the License, or
    • any personal injury, death or property damage arising out of the License's use and occupation of the Land
  • and the Owner may add the amount of such losses, damages, costs and liabilities to the Fee and the amount so added shall be payable to the Owner immediately, but not for an action against the Owner based on nuisance or the rule Rylands v. Fletcher unless the License was negligent;
  • to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the License;
  • to permit the Owner or its authorized representative to enter upon the Land at any time to examine its condition;
  • to use and occupy the Land in accordance with the provisions of this license including those set forth in the schedule attached and entitled "Special Provisos";
  • on the expiration or at the earlier cancellation of this license:
    • to quit peaceably and deliver possession of the Land to the Owner,
    • to remove from the Land all above-ground buildings, machinery, plant equipment and apparatus and all other improvements to or things on the Land erected or placed on the Land by the License, and
    • to restore the surface of the Land to the satisfaction of the Owner acting reasonably,

      and to the extent necessary, this covenant shall survive the expiration or cancellation of this license;
  • to effect and keep in force during the term insurance protecting the Owner and the License (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land to an amount not less than $1,000,000.00; provided, except, that the Owner may, in its sole discretion, waive the requirements of this subsection on the delivery to the Owner of evidence that the License is self insured;
  • notwithstanding subsection (k), the Owner may from time to time notify the License that the amount of insurance posted by the License pursuant to that subsection be changed and the License shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the License is self-insuring this section shall not apply; and
  • not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Land under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Land, in accordance with Section 9.3;
  • on request of the Owner, to provide the Owner an inventory of communication uses sufficient to allow the calculation of fees under the Provincial Policies.
Article 5: Assignment

5.1 The Licensee shall not assign this license or grant a sublicense of any part of the Land without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the License may, without the prior written consent of the Owner, assign its interest in all or a part of the Land to an affiliate (as defined in the Company Act, RSBC 1996) of the License provided that the License gives written notice of any such change at least 120 days prior to the next anniversary date of the term of this license.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the License from the observance and performance of the License's obligations contained in this license.

Article 6: Cancellation

6.1 If the License fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the License of the nature of the failure for a period of:

  • 30 days; or
  • 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the License is proceeding diligently and continuously to cure the failure throughout;

then the Owner may cancel this license and, notwithstanding subsection 4.1 (j), any fixtures to the Land shall become, at the discretion of the Owner, the property of the Owner.

6.2 If this license is taken in execution or attachment by any person, or the License commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the License, cancel this license and the rights herein granted.

6.3 If the License ceases to use the Land for the purposes permitted herein and the License does not recommence its use of the Land within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel this license and the rights herein granted.

6.4 If the Owner requires a portion of the Land for a public purpose, the Owner may, in accordance with section 6.5 and on 180 days written notice to the License, cancel this license and the rights herein granted with respect to no more than 5% of the whole of the Land.

6.5 Concurrently with the notice referred to in section 6.4, the Owner will give the License written notice that the Owner will, at its cost, relocate the License's structures and improvements that are materially affected by the cancellation in Section 6.4 to a different location on the Land or to a location on other land immediately adjacent to the Land (the "New Location"). The New Location must, in the reasonable opinion of the License, be of sufficient size to accommodate the License's structures and improvements and be equally suitable for the purposes of the License. The Owner will pay for any reasonable costs of moving the License and its structures and improvements to the New Location. If the License's structures and improvements cannot be moved to the New Location, the Owner will pay to the License the reasonable costs of constructing new improvements on the New Location. As full compensation for all other costs, expenses and damages that the License may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment, and failing agreement, the matter shall be referred to arbitration pursuant to Article 10. All other terms and conditions of this license will apply to the New Location for the balance of the original term.

6.6 The Licensee may deliver a written notice to the Owner cancelling this license and thereafter the license and the rights herein granted will terminate 180 days after the date of receipt by the Owner of such written notice.

6.7 Notwithstanding subsection 4.1 (j), any building, machinery, plant, equipment and apparatus, or other improvements to the Land (collectively, the "Improvements") that remain unremoved from the Land:

  • upon the cancellation of this license pursuant to section 6.1, section 6.4 or section 6.6; or
  • thirty days after the expiration of this license or the cancellation of this license pursuant to section 6.2 or section 6.3 (provided that if further time is reasonably required because of the nature of the Improvements or because of other constraints beyond the control of the License, including weather, and provided that the License is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this license),

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.8 If the Owner elects to assume ownership of any above-ground Improvements pursuant to section 6.7, the Owner may remove them from the Land and the License shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.9 The rights of the Owner under section 6.7 and section 6.8 shall be deemed to survive the expiration or earlier cancellation of this license.

Article 7: Security

7.1 The security in the sum of $ • and all rights, privileges, benefits and interests accruing thereto delivered by the License to the Owner (herein called the "Security") to guarantee the performance of the License's obligations under this license shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. The Owner may, in its sole discretion, waive the requirements of this section.

7.2 If the License defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this license.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1, the Owner may, acting reasonably, from time to time by notice to the License, demand the amount to be changed to that specified in a notice and the License shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that while Security is waived under section 7.1, this section shall not apply.

Article 8: Notice

8.1 Whenever service of a notice or a document is required under this license, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the License, as the case may be, at the addresses specified for each on the first page of this license, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. If there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this license and after another address has been specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9: Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the License requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the License.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This license shall not entitle the License to exclusive possession of the Land and the Owner may, for any purpose, grant to others interests in the Land or rights to enter on or use or occupy the Land, or may otherwise authorize other persons to enter on or use or occupy the Land, so long as the grant or authorization does not materially affect the exercise of the License's rights hereunder. The question of whether a grant materially affects the exercise of the License's rights hereunder shall be determined by the Owner acting reasonably. If the Owner, by written instrument, grants a license, right or interest to others to use or occupy the Land, such grant will contain a provision identical to subsection 4.1 (g) of this license obligating the new grantee to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner.

9.4 The terms and provisions of this license shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10: Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this license or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11: Interpretation

11.1 In this license, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this license are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this license or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts and sections of this license shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

In Witness Whereof, the parties have executed this license as of the day and year first above written.

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Legal Description Schedule
  1. Legal Description
  2. Sketch Plan
Special Provisos Schedule

Special Provisos:

  1. The Licensee shall comply with the provisions of his Radio Station License issued by Communications Canada and any subsequent amendments to that license.
  2. The Licensee shall inform the Owner of any amendments to his Radio Station License.

Document 7: License of Occupation for Forestry Experimental Plots

This Agreement made this __________ day of ____________________, 199

Between:

 

 

 

And:

 

Nisga'a Nation, of

__________________________________________
(the "Owner")

 

of ________________________________________
(the "Licensee")

Whereas the Owner has agreed to grant to the License a license to enter on and use that parcel of land (the "Land") located generally in the vicinity of ________________ and described in the Schedule attached, and entitled "Legal Description";

Now therefore in consideration of the fee to be paid by, and the covenants of, the License, the parties agree as follows:

Article 1: Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the License a license to enter on and use the Land for the purpose of conducting forestry related studies, tests and experiments.

Article 2: Duration

2.1 The duration of the license and the rights herein granted shall be for a term of 20 years commencing on the _________day of______ , 199   (the "Commencement Date") unless cancelled in accordance with Article 6.

2.2 Notwithstanding anything to the contrary in this license, so long as:

  • the License is not in default of any of the material terms or conditions of this license; and
  • the License has given the Owner, not more than • days prior to the expiration of the term herein granted, notice in writing of the License's wish to re-apply for a new license to enter on and use the Land

the Owner may agree to offer a new license to the License by notice to the License, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of 60 days from the date of receipt of the notice from the Owner to accept a new license to enter on and use the Land by executing the new license contained in the notice and delivering it to the Owner.

Article 3: License Fee

3.1 The Licensee shall pay to the Owner a license fee of $1.00 for the entire term.

Article 4: Covenants of the License

4.1 The Licensee covenants with the Owner:

  • to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged that relate to the Land or any of the License's improvements thereon (the "Realty Taxes") that the License is liable to pay;
  • to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land and improvements situate thereon, or their use and occupation;
  • not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the License is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;
  • to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (j), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the License required to be observed by the License pursuant to this license;
  • to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors arising out of:
    • any breach, violation or non-performance of any covenant, condition or agreement in this license by the License, or
    • any personal injury, death or property damage arising out of the License's use and occupation of the Land

      and the amount of such losses, damages, costs and liabilities shall be payable to the Owner immediately;
  • to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the License;
  • to permit the Owner or its authorized representative to enter upon the Land at any time to examine its condition;
  • to use and occupy the Land in accordance with the provisions of this license including those set forth in the schedule attached and entitled "Special Provisos";
  • on the expiration or at the earlier cancellation of this license:
    • to quit peaceably and deliver possession of the Land to the Owner,
    • to remove from the Land all above-ground buildings, machinery, plant, equipment and apparatus and all other improvements to or things on the Land erected or placed on the Land by the License, and
    • to restore the surface of the Land to the satisfaction of the Owner acting reasonably

      and to the extent necessary, this covenant shall survive the expiration or cancellation of this license;
  • to effect, and keep in force during the term, insurance protecting the Owner and the License (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land to an amount not less than $1,000,000.00; except that so long as the License is Her Majesty the Queen in Right of the Province of British Columbia or a British Columbia crown corporation, the Owner will waive the requirements of this subsection on the delivery to the Owner of confirmation that the License is self insured;
  • notwithstanding subsection (j), the Owner may from time to time notify the License that the amount of insurance posted by the License pursuant to that subsection be changed and the License shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (j), to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the License is self-insuring this section shall not apply; and
  • not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Land under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Land, in accordance with Section 9.3.
Article 5: Assignment

5.1 The Licensee shall not assign this license or grant a sublicense of any part of the Land without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the License may, without the prior written consent of the Owner, assign its interest in all or a part of the Land to a British Columbia crown corporation provided that the License gives written notice of any such change at least 120 days prior to the next anniversary date of the term of this license.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the License from the observance and performance of the License's obligations contained in this license.

Article 6: Cancellation

6.1 If the License fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the License of the nature of the failure for a period of:

  • 30 days; or
  • 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the License is proceeding diligently and continuously to cure the failure throughout;

then the Owner may cancel this license and, notwithstanding subsection (i) of section 4.1, any fixtures to the Land shall become, at the discretion of the Owner, the property of the owner.

6.2 If this license is taken in execution or attachment by any person, or the License commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the License, cancel this license and the rights herein granted.

6.3 If the License ceases to use the Land for the purposes permitted herein and the License does not recommence its use of the Land within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel this license and the rights herein granted.

6.4 The Licensee may deliver a written notice to the Owner cancelling this license and thereafter the license and the rights herein granted will terminate 180 days after the date of receipt by the Owner of such written notice.

6.5 Notwithstanding subsection 4.1 (i), any building, machinery, plant, equipment and apparatus, or other improvements to the Land (collectively, the "Improvements") that remain unremoved from the Land:

  • upon the cancellation of this license pursuant to section 6.1, or section 6.4; or
  • thirty days after the expiration or cancellation of this license pursuant to section 6.2 or section 6.3 (provided that if further time is reasonably required because of the nature of the Improvements or because of other constraints beyond the control of the License, including weather, and provided that the License is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this license)

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.6 If the Owner elects to assume ownership of any above-ground Improvements pursuant to section 6.5, the Owner may remove them from the Land and the License shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.7 The rights of the Owner under section 6.5 and section 6.6 shall be deemed to survive the expiration or earlier cancellation of this license.

Article 7: Security

7.1 The security in the sum of $1.00 and all rights, privileges, benefits and interests accruing thereto delivered by the License to the Owner (herein called the "Security") to guarantee the performance of the License's obligations under this license shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. So long as the License is Her Majesty the Queen in Right of the Province of British Columbia or a British Columbia crown corporation, the Owner will waive the requirements of this section.

7.2 If the License defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this license.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1 the Owner may, acting reasonably, from time to time by notice to the License, demand the amount to be changed to that specified in a notice and the License shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that while Security is waived under section 7.1, this section shall not apply.

Article 8: Notice

8.1 Whenever service of a notice or a document is required under this license, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the License, as the case may be, at the addresses specified for each on the first page of this license, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. If there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this license and after another address has been specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9: Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the License requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the License.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This license shall not entitle the License to exclusive possession of the Land and the Owner may, for any purpose, grant to others interests in the Land or rights to enter on or use or occupy the Land, or may otherwise authorize other persons to enter on or use or occupy the Land, so long as the grant or authorization does not materially affect the exercise of the License's rights hereunder. The question of whether a grant materially affects the exercise of the License's rights hereunder shall be determined by the Owner acting reasonably. If the Owner, by written instrument, grants a license, right or interest to others to use or occupy the Land, such grant will contain a provision identical to subsection 4.1 (f) of this license obligating the new grantee to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner.

9.4 The terms and provisions of this license shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10: Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this license or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11 – Interpretation

11.1 In this license, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this license are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this license or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts and sections of this license shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

In Witness Whereof, the parties have executed this license as of the day and year first above written.

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Legal Description Schedule
  1. Legal Description
  2. Sketch Plan
Special Provisos Schedule

 

Document 8: License of Occupation for a Hydrometric Station

This Agreement made this __________ day of ____________________, 199

Between:

 

 

 

And:

 

Nisga'a Nation, of

__________________________________________
(the "Owner")

 

of ________________________________________
(the "Licensee")

Whereas the Owner has agreed to grant to the License a license over that parcel of land (the "Land") located generally in the vicinity of ________________ and described in the schedule attached and entitled "Legal Description";

Now therefore in consideration of the fee to be paid by and the covenants of the License, the parties agree as follows:

Article 1: Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the License a license to enter on and use the Land for the purpose of constructing, installing, erecting, maintaining, repairing and replacing any physical infrastructure shown in the Sketch Plan forming part of the Legal Description Schedule (the "Works") and to use the Works for operating a hydrometric station and cable-crossing.

Article 2: Duration

2.1 The duration of the license and the rights herein granted shall be for a term of 20 years commencing on the__________day of_______ , 199   (the "Commencement Date") unless cancelled in accordance with the terms hereof.

2.2 Notwithstanding anything to the contrary in this license, so long as:

  • the License is not in default of any of the material terms of conditions of this license, and
  • the License has given the Owner, not more than • days prior to the expiration of the term herein granted, notice in writing of the License's wish to re-apply for a new license of the Land,

the Owner may agree to offer a new license to the License by notice to the License, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of sixty (60) days from the date of receipt of the notice from the Owner to accept a new licence of the Land by executing the new license contained in the notice and delivering it to the Owner.

Article 3: License Fee

3.1 The Licensee shall pay to the Owner a license fee during the term of this license, in advance, as follows:

  • during each year of the first five years of the term of this license (the "Initial Fee Period"), the License shall pay to the Owner:
    • on the Commencement Date, the sum of $200.00; and
    • on each annual anniversary of the Commencement Date during the "Initial Fee Period", a sum equal to the greater of:
      1. the annual license fee for the immediately preceding year; or
      2. the annual fair market rent; and
  • during each year of each subsequent five year period over the term of this license (the"Subsequent Fee Period"), the License shall pay to the Owner on each annual anniversary of the Commencement Date a sum equal to the greater of:
    • the annual license fee for the immediately preceding year; or
    • the annual fair market rent for the Subsequent Fee Period, if the annual fair market rent has been determined:
      1. by written agreement between the Owner and the License prior to the Subsequent Fee Period; or
      2. pursuant to the dispute resolution process set out in Article 10, invoked by the Owner or the License prior to the Subsequent Fee Period.

3.2 In this Article, "annual fair market rent" means the fee which a willing licensee at arm's length from the Owner would pay to the Owner in respect of the Land excluding any allocation of value to any fixtures or improvements located on the Land:

  • belonging to the License; or
  • not available for use by the License.
Article 4: Covenants of the License

4.1 The Licensee covenants with the Owner:

  • to pay the license fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by the giving of notice to the Licensee in accordance with Article 8;
  • to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged which relate to the Land or any of the License's (or any sublicensee's of the License) improvements thereon (the "Realty Taxes") that the License is liable to pay;
  • to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land and improvements situate thereon, or their use and occupation;
  • not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the License is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;
  • to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (k), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the License required to be observed by the License pursuant to this license;
  • subject to the Crown Liability and Proceedings Act (Canada) and the Financial Administration Act (Canada), to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, arising out of:
    • any breach, violation or non-performance of any covenant, condition or agreement in this license by the License; and
    • any personal injury, death or property damage arising out of the License's use and occupation of the Land,

      and the Owner may add the amount of such losses, damages, costs and liabilities to the Fee and the amount so added shall be payable to the Owner immediately.
  • to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the License;
  • to permit the Owner or its authorized representative to enter upon the Land at any time to examine its condition;
  • to use and occupy the Land in accordance with the provisions of this license including those set forth in the schedule attached and entitled "Special Provisos";
  • on the expiration or at the earlier cancellation of this license:
    • to quit peaceably and deliver possession of the Land to the Owner,
    • to remove from the Land all buildings, machinery, plant, equipment and apparatus and all other improvements to or things on the Land erected or placed on the Land by the License; and
    • to restore the surface of the Land to the satisfaction of the Owner acting reasonably,

      and to the extent necessary, this covenant shall survive the expiration or cancellation of this license;
  • to effect and keep in force during the term insurance protecting the Owner and the License (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land to an amount not less than $1,000,000.00; provided, however, that so long as the License is Her Majesty the Queen in right of Canada or a Canada Crown corporation the Owner will waive the requirements of this subsection on the delivery to the Owner of evidence that the Licensee is self insured;
  • notwithstanding subsection (k), the Owner may from time to time notify the License that the amount of insurance posted by the License pursuant to that subsection be changed and the License shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the License is self-insuring this section shall not apply; and
  • not to interfere with the activities of any other person to enter on and use the Land under a subsequent right or interest granted by the Owner in accordance with section 9.3.
Article 5: Assignment

5.1 The Licensee shall not assign this license or grant a sublicense of any part of the Land without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the License may, without the prior written consent of the Owner assign its interest in all or part of the Land to a Canada crown corporation provided that the License gives written notice of any such change, at least 120 days prior to the next anniversary date of the term of this license.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the License from the observance and performance of the License's obligations contained in this licence.

Article 6: Cancellation

6.1 In the event that the License fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the License of the nature of the failure for a period of:

  • 30 days; or:
  • 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the License is proceeding diligently and continuously to cure the failure throughout

then, and in any such case, the Owner may cancel this license and, notwithstanding subsection (j) of section 4.1, any fixtures to the Land shall become, at the discretion of the Owner, the property of the Owner.

6.2 In the event that this license is taken in execution or attachment by any person, or the License commits an act of bankruptcy, becomes insolvent or is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the License, cancel this license and the rights herein granted.

6.3 In the event that the License ceases to use the Land for the purposes permitted herein and the License does not recommence its use of the Land within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel this license and the rights herein granted.

6.4 In the event that the Owner requires a portion of the Land for a public purpose, the Owner may, in accordance with section 6.5 and on 180 days written notice to the License, cancel this license and the rights herein granted with respect to no more than 5% of the whole of the Land.

6.5 Concurrently with the notice referred to in section 6.4, the Owner will give the licensee written notice that the Owner will, at its cost, relocate the License's structures and improvements which are materially affected by the cancellation in Section 6.4 to a different location on the Land or to a location on other land immediately adjacent to the Land (the "New Location"). The New Location must, in the reasonable opinion of the License, be of sufficient size to accommodate the License's structures and improvements and be equally suitable for the purposes of the License. The Owner will pay for any reasonable costs of moving the License and its structures and improvements to the New Location. If the Licensee's structures and improvements cannot be moved to the New Location, the Owner will pay to the License the reasonable costs of constructing new improvements on the New Location. As full compensation for all other costs, expenses and damages which the License may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment and failing agreement, the matter shall be referred to arbitration pursuant to Article 10. All other terms and conditions of this license will apply to the New Location for the balance of the original term.

6.6 The Licensee may deliver a written notice to the Owner cancelling this license and thereafter the license and the rights herein granted will terminate 180 days after the date of receipt by the Owner of such written notice.

6.7 Notwithstanding subsection (j) of section 4.1, any buildings, machinery, plant, equipment and apparatus and all other improvements to the Land (collectively, the "Improvements") that remain unremoved from the Land:

  • upon cancellation of this license pursuant to section 6.1, section 6.4 or section 6.6; or
  • thirty days after the expiration or cancellation of this license pursuant to section 6.2 or section 6.3 (provided that if further time is reasonably required because of the nature of the Improvements or because of other constraints beyond the control of the License, including weather, and provided that the License is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this license)

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.8 If the Owner elects to assume ownership of any Improvements pursuant to section 6.7, the Owner may remove them from the Land and the License shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.9 The rights of the Owner under section 6.7 and section 6.8 shall be deemed to survive the expiration or earlier cancellation of this license.

Article 7: Security

7.1 The security in the sum of $ • and all rights, privileges, benefits and interests accruing thereto delivered by the License to the Owner (herein called the "Security") to guarantee the performance of the License's obligations under this license shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. So long as the License is Her Majesty the Queen in right of Canada or a Canada crown corporation, the Owner will waive the requirements of this subsection.

7.2 In the event the License defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this license.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1, the Owner may, acting reasonably, from time to time by notice to the License, demand the amount to be changed to that specified in a notice and the License shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that when no Security is required under section 7.1, this section shall not apply.

Article 8: Notice

8.1 Where service of a notice or a document is required under this license, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner and the License at the addresses specified for each on the first page of this license, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. Provided that if there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this license and after another address is specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9: Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the License requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Licensee.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This license shall not entitle the License to exclusive possession of the Land and the Owner may grant to others rights to use or interests in the Land for any purpose other than that permitted herein, so long as the grant does not materially affect the exercise of the License's rights hereunder. The question of whether a grant materially affects the exercise of the License's rights hereunder shall be determined by the Owner acting reasonably.

9.4 The terms and provisions of this license shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10: Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this license or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations, either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties and if the dispute does not involve a question of public law, the dispute shall be referred to and resolved by arbitration in accordance with sections 10.5 to 10.9.

10.5 Unless the parties otherwise agree, the arbitration shall be conducted by a single arbitrator. The arbitrator shall be chosen by the parties; if they fail to agree on this choice within four (4) weeks following the commencement of their discussion, then either party may request the British Columbia International Commercial Arbitration Centre or such other organization or person agreed to by the parties in writing, to select an arbitrator. The arbitrator chosen shall be independent, impartial and competent.

10.6 The arbitrator shall render his decision in writing within thirty (30) days after the completion of the arbitration or if thirty (30) days is insufficient, then within such further time as is reasonable.

10.7 The arbitration shall be governed by the Commercial Arbitration Code referred to in the Commercial Arbitration Act (Canada) and except as provided in the Commercial Arbitration Code, the determination and award of the arbitration shall be final and binding on both parties.

10.8 The arbitration shall take place in the Province of British Columbia, at a location as the parties may agree and, failing agreement, at a location as the arbitrator may decide.

10.9 During the arbitration, the parties shall continue to perform their obligations under the license. It is not incompatible with this arbitration agreement for a party to request from a court, before or during the arbitration proceedings, an interim measure of protection and for a court to grant such measure.

Article 11: Interpretation

11.1 In this license, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this license are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this license or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts or sections, as the case may be, shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

In Witness Whereof, the parties have executed this license as of the day and year first above written.

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Signed by a duly authorized signatory
of the Minister of the Environment on behalf
of Her Majesty the Queen in right of Canada
in the presence of:

 

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Legal Description Schedule
  1. Legal Description
  2. Sketch Plan
Special Provisos Schedule
  1. The Licensee may clear the Land and keep it cleared of all or any part of trees, growth, buildings or obstructions now or hereafter on the Land which might interfere with or obstruct the construction, erection, operation, maintenance, removal or replacement of the Works pursuant to this agreement.
  2. Despite subsection 4.1 (j) and section 6.7, at the expiration or cancellation of this license, the License may leave on the Land any concrete foundation for the Works.

Document 9: License of Occupation for a Navigational Light

This Agreement made this __________ day of ____________________, 199

Between:

 

 

 

And:

 

Nisga'a Nation, of

__________________________________________
(the "Owner")

 

Her Majesty the Queen in Right of Canada
c/o Superintendent, Navigational Aids, Canadian Coast Guard
Marine Navigation Services
25 Huron Street
Victoria BC V8V 4V9

(the "Licensee")

Whereas the Owner has agreed to grant to the License a license to enter on and use that parcel of land (the "Land") located generally in the vicinity of ________________ and described in the schedule attached and entitled "Legal Description";

Now therefore in consideration of the fee to be paid by and the covenants of the License, the parties agree as follows:

Article 1: Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the License a license to enter on and use the Land for the purpose of constructing, installing, erecting, maintaining, operating, repairing and replacing a marine navigation aid.

Article 2: Duration

2.1 The duration of the license and the rights herein granted shall be for a term of 20 years commencing on the ________ day of ______ , 199  (the "Commencement Date") unless cancelled in accordance with the terms hereof.

2.2 Notwithstanding anything to the contrary in this licence, so long as:

  • the License is not in default of any of the material terms of conditions of this licence, and
  • the License has given the Owner, not more than _______ days prior to the expiration of the term herein granted, notice in writing of the License's wish to re-apply for a new licence of the Land,

the Owner may agree to offer a new licence to the License by notice to the License, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of sixty (60) days from the date of receipt of the notice from the Owner to accept a new licence of the Land by executing the new licence contained in the notice and delivering it to the Owner.

Article 3: License Fee

3.1 The Licensee shall pay to the Owner a license fee of $1.00 on the Commencement Date for the entire term of this license.

Article 4: Covenants of the License

4.1 The Licensee covenants with the Owner:

  • to pay the license fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by the giving of notice to the Licensee in accordance with Article 8;
  • to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged which relate to the Land or any of the License's (or any sublicensee's of the License) improvements thereon (the "Realty Taxes") that the License is liable to pay;
  • to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land and improvements situate thereon, or their use and occupation;
  • not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the License is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;
  • to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (k), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the License required to be observed by the License pursuant to this license;
  • subject to the Crown Liability and Proceedings Act (Canada) and the Financial Administration Act (Canada), to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, arising out of:
    • any breach, violation or non-performance of any covenant, condition or agreement in this license by the License; and
    • any personal injury, death or property damage arising out of the License's use and occupation of the Land,

      and the Owner may add the amount of such losses, damages, costs and liabilities to the Fee and the amount so added shall be payable to the Owner immediately;
  • to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the License;
  • to permit the Owner or its authorized representative to enter upon the Land at any time to examine its condition;
  • to use and occupy the Land in accordance with the provisions of this license including those set forth in the schedule attached and entitled "Special Provisos";
  • on the expiration or at the earlier cancellation of this license:
    • to quit peaceably and deliver possession of the Land to the Owner,
    • to remove from the Land all buildings, machinery, plant equipment and apparatus and all other improvements to or things on the Land erected or placed on the Land by the License; and
    • to restore the surface of the Land to the satisfaction of the Owner acting reasonably,

      and to the extent necessary, this covenant shall survive the expiration or cancellation of this license;
  • to effect and keep in force during the term insurance protecting the Owner and the License (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land to an amount not less than $1,000,000.00; provided, however, that so long as the License is Her Majesty the Queen in right of Canada or a Canada Crown corporation, the Owner will waive the requirements of this subsection on the delivery to the Owner of evidence that the License is self insured;
  • notwithstanding subsection (k), the Owner may from time to time notify the License that the amount of insurance posted by the License pursuant to that subsection be changed and the License shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the License is self-insuring this section shall not apply; and
  • not to interfere with the activities of any other person to enter on and use the Land under a subsequent right or interest granted by the Owner in accordance with Section 9.3.
Article 5: Assignment

5.1 The Licensee shall not assign this license or grant a sublicense of any part of the Land without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the License may, without the prior written consent of the Owner assign its interest in all or a part of the Land to a Canada crown corporation provided that the License gives written notice of any such change, at least 120 days prior to the next anniversary date of the term of this license.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the License from the observance and performance of the License's obligations contained in this licence.

Article 6: Cancellation

6.1 In the event that the License fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the License of the nature of the failure for a period of:

  • 30 days; or
  • 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the License is proceeding diligently and continuously to cure the failure throughout;

then, and in any such case, the Owner may cancel this license and, notwithstanding subsection (j) of section 4.1, any fixtures to the Land shall become, at the discretion of the Owner, the property of the Owner.

6.2 In the event that this license is taken in execution or attachment by any person, or the License commits an act of bankruptcy, becomes insolvent or is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the License, cancel this license and the rights herein granted.

6.3 In the event that the License ceases to use the Land for the purposes permitted herein and the License does not recommence its use of the Land within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel this license and the rights herein granted.

6.4 In the event that the Owner requires a portion of the Land for a public purpose, the Owner may, in accordance with section 6.5 and on 180 days written notice to the License, cancel this license and the rights herein granted with respect to no more than 5% of the whole of the Land.

6.5 Concurrently with the notice referred to in section 6.4, the Owner will give the licensee written notice that the Owner will, at its cost, relocate the License's structures and improvements which are materially affected by the cancellation in Section 6.4 to a different location on the Land or to a location on other land immediately adjacent to the Land (the "New Location"). The New Location must, in the reasonable opinion of the License, be of sufficient size to accommodate the License's structures and improvements and be equally suitable for the purposes of the License. The Owner will pay for any reasonable costs of moving the License and its structures and improvements to the New Location. If the License's structures and improvements cannot be moved to the New Location, the Owner will pay to the License the reasonable costs of constructing new improvements on the New Location. As full compensation for all other costs, expenses and damages which the License may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment and failing agreement, the matter shall be referred to arbitration pursuant to Article 10. All other terms and conditions of this license will apply to the New Location for the balance of the original term.

6.6 The Licensee may deliver a written notice to the Owner cancelling this license and thereafter the license and the rights herein granted will terminate 180 days after the date of receipt by the Owner of such written notice.

6.7 Notwithstanding subsection (j) of section 4.1, any buildings, machinery, plant, equipment and apparatus and all other improvements to the Land (collectively, the "Improvements") that remain unremoved from the Land:

  • upon the cancellation of this license pursuant to section 6.1, section 6.4 or section 6.6; or
  • thirty days after the expiration or cancellation of this license pursuant to section 6.2 or section 6.3 (provided that if because of the nature of the Improvements or because of other constraints beyond the control of the License, including weather, and provided that the License is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this license)

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.8 If the Owner elects to assume ownership of any Improvements pursuant to section 6.7, the Owner may remove them from the Land and the License shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.9 The rights of the Owner under section 6.7 and section 6.8 shall be deemed to survive the expiration or earlier cancellation of this license.

Article 7: Security

7.1 The security in the sum of______$ and all rights, privileges, benefits and interests accruing thereto delivered by the License to the Owner (herein called the "Security") to guarantee the performance of the License's obligations under this license shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. So long as the License is Her Majesty in right of Canada or a Canada crown corporation, the Owner will waive the requirements of this subsection.

7.2 In the event the License defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this license.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1 the Owner may, acting reasonably, from time to time by notice to the License, demand the amount to be changed to that specified in a notice and the License shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that when no Security is required under section 7.1 this section shall not apply.

Article 8: Notice

8.1 Where service of a notice or a document is required under this license, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner and the License at the addresses specified for each on the first page of this license, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. Provided that if there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this license and after another address is specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9: Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the License requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Licensee.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This license shall not entitle the License to exclusive possession of the Land and the Owner may grant to others rights to use or interests in the Land for any purpose other than that permitted herein, so long as the grant or authorization does not materially affect the exercise of the Licensee's rights hereunder. The question of whether a grant materially affects the exercise of the Licensee's rights hereunder shall be determined by the Owner acting reasonably. If the Owner, by written instrument, grants a license, right or interest to others to use or occupy the Land, such grant will contain a provision identical to subsection 4.1 (g) of this license obligating the new grantee to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner.

9.4 The terms and provisions of this license shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10: Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this licence or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations, either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties and if the dispute does not involve a question of public law, the dispute shall be referred to and resolved by arbitration in accordance with sections 10.5 to 10.9.

10.5 Unless the parties otherwise agree, the arbitration shall be conducted by a single arbitrator. The arbitrator shall be chosen by the parties; if they fail to agree on this choice within four (4) weeks following the commencement of their discussion, then either party may request the British Columbia International Commercial Arbitration Centre or such other organization or person agreed to by the parties in writing, to select an arbitrator. The arbitrator chosen shall be independent, impartial and competent.

10.6 The arbitrator shall render his decision in writing within thirty (30) days after the completion of the arbitration or if thirty (30) days is insufficient, then within such further time as is reasonable.

10.7 The arbitration shall be governed by the Commercial Arbitration Code referred to in the Commercial Arbitration Act (Canada) and except as provided in the Commercial Arbitration Code, the determination and award of the arbitration shall be final and binding on both parties.

10.8 The arbitration shall take place in the Province of British Columbia, at a location as the parties may agree and, failing agreement, at a location as the arbitrator may decide.

10.9 During the arbitration, the parties shall continue to perform their obligations under the license. It is not incompatible with this arbitration agreement for a party to request from a court, before or during the arbitration proceedings, an interim measure of protection and for a court to grant such measure.

Article 11: Interpretation

11.1 In this license, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this license are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this license or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts or sections, as the case may be, shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

In Witness Whereof, the parties have executed this license as of the day and year first above written.

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Signed by a duly authorized signatory of
the Minister of Fisheries and Oceans on
behalf of Her Majesty the Queen in right of
Canada in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Legal Description Schedule
  1. Legal Description
  2. Sketch Plan
Special Provisos Schedule

Special Provisos:

  1. The Licensee may clear the Land and keep it cleared of all or any part of trees, growth, buildings or obstructions now or hereafter on the Land which might interfere with or obstruct the construction, erection, operation, maintenance, removal or replacement of the Navigational Light.
  2. Despite subsection 4.1 (j) and section 6.7, at the expiration or cancellation of this License, the License may leave on the Land any concrete foundation for the Navigational Light.

Document 10: License of Occupation for Telephone Exchange

This Agreement made this __________ day of ____________________, 199

Between:

 

 

 

And:

Nisga'a Nation, of

__________________________________________
(the "Owner")

 

BC TEL

(the "Licensee")

Whereas the Owner has agreed to grant to the License a license to enter on and use that parcel of land (the "Land") located generally in the vicinity of ________________ and described in the schedule attached and entitled "Legal Description";

Now therefore in consideration of the fee to be paid by, and the covenants of, the License, the parties agree as follows:

Article 1: Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the License a license to enter on and use the Land for the purpose of constructing, maintaining, repairing, replacing, removing and operating for communication purposes any building, road, antennae, pole, cable, strand, powerline or other physical infrastructure shown in the site plan forming part of the Legal Description Schedule (the "Civil Infrastructure").

Article 2: Duration

2.1 The duration of the license and the rights herein granted shall be for a term of 20 years commencing on the _______ day of _______ , 199  (the "Commencement Date") unless cancelled in accordance with Article 6.

2.2 Notwithstanding anything to the contrary in this license, so long as:

  • the License is not in default of any of the material terms or conditions of this license; and
  • the License has given the Owner, not more than • days prior to the expiration of the term herein granted, notice in writing of the License's wish to re-apply for a new license to enter on and use the Land

the Owner may agree to offer a new license to the License by notice to the License, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of 60 days from the date of receipt of the notice from the Owner to accept a new license to enter on and use the Land by executing the new license contained in the notice and delivering it to the Owner.

Article 3: License Fee

3.1 The Licensee shall pay to the Owner an annual license fee during the term of this license, in advance, as follows:

  • during the first five years of the term of this license (the "Initial Fee Period"), the License shall pay to the Owner:
    • on the Commencement Date, the sum of $500.00; and
    • on each annual anniversary of the Commencement Date during the "Initial Fee Period", a sum equal to the greater of:
      1. the annual license fee for the immediately preceding year; or
      2. the amount which would be payable on that date under the then-existing policies of the Province of British Columbia with respect to the payment of rent for communication sites located on similar Crown Land (the "Provincial Policies"); and
  • during each subsequent five year period over the term of this license (a "Subsequent Fee Period"), the License shall pay to the Owner on each annual anniversary of the Commencement Date a sum equal to the greatest of:
    • the annual license fee for the immediately preceding year,
    • the amount which would be payable on that date under the then-existing Provincial Policies, or
    • the annual fair market rent for the Subsequent Fee Period, if that annual fair market rent has been determined:
      1. by written agreement between the Owner and the License prior to the Subsequent Fee Period; or
      2. pursuant to the dispute resolution process set out in Article 10, invoked by the Owner or the License prior to the Subsequent Fee Period.

3.2 In this Article, "annual fair market rent" means the fee which a willing licensee at arm's length from the Owner would pay to the Owner in respect of the Land excluding any allocation of value to any fixtures or improvements located on the Land:

  • belonging to the License; or
  • not available for use by the License.
Article 4: Covenants of the License

4.1 The Licensee covenants with the Owner:

  • to pay the license fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by the giving of notice to the Licensee in accordance with Article 8;
  • to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged that relate to the Land or any of the Licensee's improvements thereon (the "Realty Taxes") that the License is liable to pay;
  • to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land and improvements situate thereon, or their use and occupation;
  • not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the License is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;
  • to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (k), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the License required to be observed by the License pursuant to this license;
  • to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:
    • any breach, violation or non-performance of any covenant, condition or agreement in this license by the License, or
    • any personal injury, death or property damage arising out of the License's use and occupation of the Land
  • and the Owner may add the amount of such losses, damages, costs and liabilities to the Fee and the amount so added shall be payable to the Owner immediately;
  • to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the License;
  • to permit the Owner or its authorized representative to enter upon the Land at any time to examine its condition;
  • to use and occupy the Land in accordance with the provisions of this license including those set forth in the schedule attached and entitled "Special Provisos";
  • on the expiration or at the earlier cancellation of this license:
    • to quit peaceably and deliver possession of the Land to the Owner,
    • to remove from the Land all above-ground buildings, machinery, plant equipment and apparatus and all other improvements to or things on the Land erected or placed on the Land by the License, and
    • to restore the surface of the Land to the satisfaction of the Owner acting reasonably,

      and to the extent necessary, this covenant shall survive the expiration or cancellation of this license;
  • to effect and keep in force during the term insurance protecting the Owner and the Licensee (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land to an amount not less than $1,000,000.00; except, however, that the Owner may, in its sole discretion, waive the requirements of this subsection on the delivery to the Owner of evidence that the License is self insured;
  • notwithstanding subsection (k), the Owner may from time to time notify the Licensee that the amount of insurance posted by the Licensee pursuant to that subsection be changed and the Licensee shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the Licensee is self-insuring this section shall not apply; and
  • not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Land under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Land, in accordance with Section 9.3; and
  • on request of the Owner, to provide to the Owner an inventory of communication uses sufficient to allow the calculation of fees under the Provincial Policies.
Article 5: Assignment

5.1 The Licensee shall not assign this license or grant a sublicense of any part of the Land without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the License may, without the prior written consent of the Owner, assign its interest in all or a part of the Land to an affiliate (as defined in the Company Act, RSBC 1996) of the License provided that the License gives written notice of any such change at least 120 days prior to the next anniversary date of the term of this license.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the License from the observance and performance of the License's obligations contained in this license.

Article 6: Cancellation

6.1 If the License fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the License of the nature of the failure for a period of:

  • 30 days; or
  • 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the License is proceeding diligently and continuously to cure the failure throughout;

then the Owner may cancel this license and, notwithstanding subsection 4.1 (j), any fixtures to the Land shall become, at the discretion of the Owner, the property of the Owner.

6.2 If this license is taken in execution or attachment by any person, or the License commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the License, cancel this license and the rights herein granted.

6.3 If the License ceases to use the Land for the purposes permitted herein and the License does not recommence its use of the Land within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel this license and the rights herein granted.

6.4 If the Owner requires a portion of the Land for a public purpose, the Owner may, in accordance with section 6.5 and on 180 days written notice to the Licensee, cancel this license and the rights herein granted with respect to the whole or any part of the Land.

6.5 Concurrently with the notice referred to in section 6.4, the Owner will give the License written notice that the Owner will, at its cost, relocate the Licensee's structures and improvements that are materially affected by the cancellation in Section 6.4 to a different location on the Land or to a location on other land in the vicinity of the Land (the "New Location"). The New Location must, in the reasonable opinion of the License, be of sufficient size to accommodate the Licensee's structures and improvements and be equally suitable for the purposes of the License. The Owner will pay for any reasonable costs of moving the License and its structures and improvements to the New Location. If the Licensee's structures and improvements cannot be moved to the New Location, the Owner will pay to the License the reasonable costs of constructing new improvements on the New Location. As full compensation for all other costs, expenses and damages that the Licensee may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment and failing agreement, the matter shall be referred to arbitration pursuant to Article 10. All other terms and conditions of this license will apply to the New Location for the balance of the original term.

6.6 The Licensee may deliver a written notice to the Owner cancelling this license and thereafter the license and the rights herein granted will terminate 180 days after the date of receipt by the Owner of such written notice.

6.7 Notwithstanding subsection 4.1 (j), any building, machinery, plant, equipment, apparatus or other improvements to the Land (collectively, the "Improvements") that remains unremoved from the Land:

  • upon the cancellation of this license pursuant to section 6.1, section 6.4 or section 6.6; or
  • thirty days after the expiration of this license or the cancellation of this license pursuant to section 6.2 or section 6.3 (provided that if further time is reasonably required because of the nature of the Improvements or because of other constraints beyond the control of the Licensee, including weather, and provided that the Licensee is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this license),

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.8 If the Owner elects to assume ownership of any Improvements pursuant to section 6.7, the Owner may remove them from the Land and the License shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.9 The rights of the Owner under section 6.7 and section 6.8 shall be deemed to survive the expiration or earlier cancellation of this license.

Article 7: Security

7.1 The security in the sum of $ • and all rights, privileges, benefits and interests accruing thereto delivered by the License to the Owner (herein called the "Security") to guarantee the performance of the License's obligations under this license shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. The Owner may, in its sole discretion, waive the requirements of this section.

7.2 In the event the License defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this license.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1, the Owner may, acting reasonably, from time to time by notice to the License, demand the amount to be changed to that specified in a notice and the License shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that while Security is waived under section 7.1, this section shall not apply.

Article 8: Notice

8.1 Whenever service of a notice or a document is required under this license, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the License, as the case may be, at the addresses specified for each on the first page of this license, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. If there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this license and after another address has been specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9: Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the Licensee requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Licensee.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This license shall not entitle the License to exclusive possession of the Land and the Owner may, for any purpose, grant to others interests in the Land or rights to enter on or use or occupy the Land, or may otherwise authorize other persons to enter on or use or occupy the Land, so long as the grant or authorization does not materially affect the exercise of the Licensee's rights hereunder. The question of whether a grant materially affects the exercise of the Licensee's rights hereunder shall be determined by the Owner acting reasonably. If the Owner, by written instrument, grants a license, right or interest to others to use or occupy the Land, such grant will contain a provision identical to subsection 4.1 (g) of this license obligating the new grantee to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner.

9.4 The terms and provisions of this license shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10: Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this license or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11: Interpretation

11.1 In this license, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this license are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this license or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts and sections of this license shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

In Witness Whereof, the parties have executed this license as of the day and year first above written.

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Legal Description Schedule
  1. Legal Description
  2. Sketch Plan

Document 11: Permit of Occupation for Waterworks

This Agreement made this __________ day of ____________________, 199

Between:

 

 

 

And:

 

Nisga'a Nation, of

__________________________________________
(the "Owner")

 

The Holder of British Columbia Conditional Water Licence ____________________ , being as

of the date of this Agreement ____________________
of ________________________________________

("the Permittee")

Whereas the Owner has agreed to grant to the Permittee a permit in respect of that parcel of Nisga'a Lands ("the Land") described in the attached Schedule "A", entitled Legal Description Schedule;

Now therefore in consideration of the fee to be paid by, and the covenants of, the Permittee, the Owner and the Permittee agree as follows:

Article 1: Grant of Permit

1.1 The Owner, on the terms set forth therein, hereby grants to the Permittee a permit to occupy the Land for the purpose of constructing, reconstructing, replacing, maintaining and operating thereon works necessary for the conveyance of water from __________________(watercourse) to __________________(legal description) ("the Appurtenant Property"), in accordance with British Columbia Conditional Water Licence ____________________ ("the Water Licence") and for the purposes specified in the Water Licence on the date of this Agreement (the "Commencement Date").

Article 2: The Land

2.1 The Land that is authorized to be occupied under this permit is described in the Schedule attached and entitled "Legal Description".

Article 3: Timber Cutting

3.1 The Permittee may cut and remove from the Land any timber, shrubs or foliage necessary to permit the construction, reconstruction, replacement, maintenance and operation of the works referred to in section 1.1, provided that prior to the cutting or removal of any timber, the Permittee will apply for and obtain from the Owner a timber licence under which the Owner, acting reasonably, may determine the amount of compensation which the Permittee will pay to the Owner in respect of trees that are cut, removed, damaged, or destroyed by the Permittee.

Article 4: Permit Fee

4.1 On the Commencement Date and on each anniversary of the Commencement Date, the Permittee shall pay to the Owner a permit fee ("the Annual Permit Fee") in accordance with this Article.

4.2 On the Commencement Date, the Annual Permit Fee is $6.00.

4.3 The Owner may at any time and in its discretion revise the Annual Permit Fee by giving notice to the Permittee in accordance with Article 8, but the Owner shall not at any time increase the Annual Permit Fee above the rental charged by British Columbia at that time for a similar permit to occupy Crown land.

Article 5: Covenants of the Permittee

5.1 The Permittee covenants with the Owner:

  • to pay the Annual Permit Fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by giving notice to the Permittee in accordance with Article 8;
  • to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged which relate to the Land or any improvements of the Permittee thereon (the "Realty Taxes") which the Permittee is liable to pay;
  • to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land or improvements situate thereon, or their use and occupation;
  • not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land, or do or suffer to be done thereon by the Permittee's employees, contractors, agents, invitees or anyone for whom the Permittee is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;
  • to deliver to the Owner from time to time, upon demand, receipts or other evidence of payment of Realty Taxes, and other monetary obligations of the Permittee required to be observed by the Permittee pursuant to this permit;
  • to indemnify and save the Owner harmless against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:
    • any breach, violation or non-performance of any covenant, condition or agreement in this permit by the Permittee, or
    • any personal injury, death or property damage arising out of the Permittee's use and occupation of the Land,

      and the Owner may add the amount of such losses, damages, costs and liabilities to the permit fee and the amount so added shall be payable to the Owner immediately;
  • with respect to the Permittee's use and occupation of the Land, to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and with respect to the Permittee's use and occupation of the Land, to make clean and sanitary any portion of the Land or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the Permittee;
  • on the termination or cancellation of this permit:
    • to quit peaceably and deliver possession of the Land to the Owner,
    • to remove from the Land all above-ground works and other improvements to or things on the Land erected or placed on the Land by the Permittee, and
    • to restore the surface of the Land to a condition satisfactory to the Owner, acting reasonably,

      and to the extent necessary, this covenant shall survive the termination or cancellation of this permit; and
  • not to interfere with the activities, works or other improvements of any other person who enters on, uses or occupies the Land under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Land, in accordance with Article 9.
Article 6: Appurtenance and Assignment

6.1 This permit is appurtenant to the Appurtenant Property and passes with a conveyance or other disposition of the estate in fee simple to the Appurtenant Property.

6.2 The Permittee shall give written notice to the Owner of any conveyance or other disposition of the estate in fee simple to the Appurtenant Property within 60 days after that conveyance or other disposition.

6.3 Subject to section 6.1, the Permittee shall not assign this permit or grant a subpermit in respect of any part of the Land without the prior written consent of the Owner.

6.4 This permit burdens the Land.

Article 7: Termination and Cancellation

7.1 This permit terminates if the Water Licence terminates, is abandoned or cancelled, or is amended so as to render this permit unnecessary.

7.2 If the Permittee fails to observe or perform any of the covenants, agreements, provisions or conditions contained herein, and such failure continues for a period of 60 days after the giving of the written notice by the Owner to the Permittee of the nature of the failure, the Owner may cancel this permit and the rights herein granted.

7.3 If the Owner requires a portion of the Land for a public purpose, the Owner may, in accordance with section 7.4 and on 180 days written notice to the Permittee, cancel this permit and the rights granted herein with respect to no more than 5% of the whole of the Land.

7.4 Concurrently with the notice referred to in section 7.3, the Owner will give the Permittee written notice that the Owner will, at its cost, relocate the Permittee's works that are materially affected by cancellation under section 7.3 to a different location on the Land or to a location on other land immediately adjacent to the Land ("the New Location"). The New Location must, in the reasonable opinion of the Permittee, be of sufficient size to accommodate the Permittee's works and be equally suitable for the purposes of the Permittee. The Owner will pay for any reasonable costs of moving the Permittee's works to the New Location. If the Permittee's works cannot be moved to the New Location, the Owner will pay to the Permittee the reasonable costs of constructing new works on the New Location. As full compensation for any costs, expenses or damages which the Permittee may incur in connection with the relocation, including disruption and loss of business, the Owner and the Permittee will agree on a lump sum payment and failing agreement, the matter will be referred to arbitration pursuant to Article 10. All other terms and conditions of this permit will apply to the New Location.

7.5 Notwithstanding subsection 5.1 (h), any works or other improvements to the Land that remain unremoved from the Land upon the termination of this permit pursuant to section 7.1 or upon the cancellation of this permit pursuant to section 7.2 shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

7.6 If the Owner elects to assume ownership of any above-ground works or other improvements pursuant to section 7.5, the Owner may remove them from the Land and the Permittee shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

7.7 The rights of the Owner and the obligations of the Permittee under section 7.5 and section 7.6 shall, to the extent necessary, survive the expiration or cancellation of this permit.

Article 8: Notice

8.1 Whenever service of a notice or a document is required under this permit, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the Permittee, as the case may be, at the addresses specified for each on the first page of this permit, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this permit and after another address has been specified under this section, notices shall be mailed to that address in accordance with this Article.

8.3 Notwithstanding section 8.1, any written notice to be served or given by the Owner to the Permittee under this permit shall be effectively given or served by posting the same in a conspicuous place on the Land.

Article 9: Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the Permittee requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Permittee.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This permit shall not entitle the Permittee to exclusive use or possession of the Land and the Owner may for any purpose grant to other persons interests in the Land or rights to enter on, use or occupy the Land, or may otherwise authorize other persons to enter on, use or occupy the land, so long as the grant or authorization does not materially affect the exercise of the Permittee's rights hereunder. The question of whether a grant materially affects the exercise of the Permittee's rights hereunder shall be determined by the Owner acting reasonably.

9.4 The terms and provisions of this permit shall extend to, be binding upon and enure to the benefit of the Owner and the Permittee and their successors and permitted assigns.

9.5 The Permittee who conveys or otherwise disposes of the estate in fee simple to the Appurtenant Property (the "Transferor"):

  • remains liable for any breach of or non-observance or non-performance of the covenants, agreements, provisions or conditions contained herein that occur before that conveyance or other disposition; but
  • if the Transferor obtains and delivers to the Owner within 60 days of the conveyance or other disposition an agreement in the form set out in Schedule "B" and entitled "Acknowledgement of Assignment and Assumption", signed by the Transferor and by the Permittee to whom the estate has been conveyed or otherwise disposed of (the "Transferee"), the Transferor is not liable for any breaches of or non-observance of or non-performance of the covenants, agreements, provisions or conditions contained herein that occur after that delivery.

9.6 Time is of the essence in this agreement.

Article 10: Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this permit or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11: Interpretation

11.1 In this permit, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this permit are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this permit or any part of a section is found to be illegal or unenforceable, that part and section of this permit shall be considered separate and severable and the remaining parts or sections, as the case may be, shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

In Witness Whereof, the parties have executed this permit as of the day and year first above written.

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Schedule "A": Legal Description

 

Schedule "B": Acknowledgement of Assignment and Assumption

This Agreement dated for reference this ____________________ day of ____________________ , ____________________ .

Between:

 

 

 

And:

 

 

 

And:

 

Nisga'a Nation, of

__________________________________________
(the "Owner")

 

 

(the "Transferor")

 

 

 

(the "Transferor")

Whereas the Transferor has held a permit (the "Permit of Occupation") granted by the Owner for the occupation of a certain parcel of Nisga'a Lands (the "Land");

And whereas the Permit of Occupation is appurtenant to certain property (the "Appurtenant Property") and passes with the estate in fee simple to the Appurtenant Property;

And whereas the Transferor has conveyed or otherwise disposed of to the Transferee the estate in fee simple to the Appurtenant Property;

Now therefore this agreement witnesses that in consideration of the sums of $1.00, now paid by each party to each of the others, the receipt of sufficiency of which each party hereby acknowledges, and in further consideration of the mutual covenants and agreements herein set out, the parties covenant and agree as follows:

  1. In this Agreement:
    "Appurtenant Property" means legal description)________________________________________;

    "Land" means (description from permit____________________

    "Permit of Occupation" means the permit to occupy the Land granted by the Owner on (effective date of Treaty) __________________________________________, _______
    to the holder of British Columbia Conditional Water Licence ____________________ ;

    "Permittee" means the holder of the Permit of Occupation;

    "Transfer" means the conveyance or other disposition by the Transferor to the Transferee of the estate in fee simple to the Appurtenant Property on
    (date of transfer) ______________________________________________ , ____________________ .
  2. The Transferor hereby acknowledges and agrees that by the Transfer and from and after the date of the Transfer, the Transferor has absolutely assigned to the Transferee all of the Transferor's right to occupy the Land as the Permittee pursuant to the Permit of Occupation, a copy of which is attached hereto.
  3. The Transferee hereby acknowledges and agrees that by the Transfer and from and after the date of the Transfer, the Transferee has assumed from the Transferor all of the obligations of the Permittee pursuant to the Permit of Occupation and is bound by all of the covenants, agreements, provisions or conditions contained therein.
  4. The Owner hereby acknowledges and agrees that, by the Transfer and from and after the date of the Transfer, the Transferee has the right to occupy the Land as the Permittee pursuant to the Permit of Occupation.

In Witness Whereof each of the Owner, the Transferor and the Transferee has executed this Agreement as of the date and year first above written.

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

)

)

)

)

)

)

)

)

 

 

 

 

________________________________________
Owner

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

)

)

)

)

)

)

)

)

 

 

 

 

________________________________________
Transferor

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

)

)

)

)

)

)

)

)

 

 

 

 

________________________________________
Transferee

Document 12: Special Use Permit for Forestry Operations

This Agreement made this __________ day of ____________________, 199

Between:

 

 

 

And:

 

Nisga'a Nation, of

__________________________________________
(the "Owner")

 

_______________________________________ of
_______________________________________
(the "the Permittee")

Whereas the Owner has agreed to grant to the Permittee a permit to enter on and use that parcel of land (the "Land") located generally in the vicinity of ____________________ and described in the schedule attached and entitled "Legal Description";

Now therefore in consideration of the fee to be paid by, and the covenants of, the Permittee, the parties agree as follows:

Article 1: Grant of Permit

1.1 The Owner, on the terms set forth herein, hereby grants to the Permittee a permit to enter on and use the Land for the purpose of

Article 2: Duration

2.1 The duration of the permit and the rights herein granted shall be for a term of five years commencing on the ____________________ day of ____________________ , 199__ (the "Commencement Date") unless cancelled in accordance with Article 6.

Article 3: Permit Fee

3.1 On the Commencement Date, and on each annual anniversary of the Commencement Date over the term of this permit, the Permittee shall pay to the Owner a permit fee in the amount of $100.

Article 4: Covenants of the Permittee

4.1 The Permittee covenants with the Owner:

  • to pay the permit fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by the giving of notice to the Permittee in accordance with Article 8;
  • to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged that relate to the Land or any of the Permittee's improvements thereon (the "Realty Taxes") that the Permittee is liable to pay;
  • to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land and improvements situate thereon, or their use and occupation;
  • not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the Permittee is responsible at law anything that may be or become a nuisance to the Owner or occupiers of adjoining land;
  • to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (j), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the Permittee required to be observed by the Permittee pursuant to this permit;
  • to indemnify and save the Owner harmless against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:
    • any breach, violation or non-performance of any covenant, condition or agreement in this permit by the Permittee, or
    • any personal injury, death or property damage, arising out of the Permittee's use and occupation of the Land

      and the Owner may add the amount of such losses, damages, costs and liabilities to the permit fee and the amount so added shall be payable to the Owner immediately;
  • to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the Permittee;
  • to permit the Owner or its authorized representative to enter upon the Land at any time to examine its condition;
  • on the expiration or at the earlier cancellation of this permit:
    • to quit peaceably and deliver possession of the Land to the Owner,
    • to remove from the Land all above-ground buildings, machinery, plant equipment and apparatus and all other improvements to or things on the Land erected or placed on the Land by the Permittee, whether before or after the Commencement Date,
    • if reasonably required by the Owner, to cause an independent site assessment of the Land to be performed by a qualified environmental consultant acceptable to the Owner, and
    • to restore the Land to a safe, clean, sanitary and environmentally sound condition, including by revegetation where required to prevent erosion, satisfactory to the Owner, acting reasonably

      and to the extent necessary, this covenant shall survive the expiration or cancellation of this permit;
  • to effect, and keep in force during the term, insurance protecting the Owner and the Permittee (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land to an amount not less than $1,000,000.00; except that the Owner may, in its sole discretion, waive the requirements of this subsection on the delivery to the Owner of evidence that the Permittee is self insured;
  • notwithstanding subsection (j), the Owner may from time to time notify the Permittee that the amount of insurance posted by the Permittee pursuant to that subsection be changed and the Permittee shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (j) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the Permittee is self-insuring this section shall not apply;
  • not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Land under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the owner to enter on or use or occupy the Land, in accordance with section 9.3;
  • to erect such fences or gates on the Land that the Owner, acting reasonably, may direct by notice in writing to the Permittee;
  • to undertake fire prevention and fire suppression measures as if the Land were within the Permittee's "area of operation" and the activities permitted herein were "industrial activities" under the Forest Practices Code of British Columbia Act, RSBC 1996;
  • not to deposit or permit to be deposited on the Land any slash or refuse, unless the Permittee has first obtained from the Owner a permit specifying the conditions of such deposit;
  • before cutting any timber, erecting any building or other structure, or making any other improvement to the Land, to submit to the Owner a plan showing the location of the cutting or the location and specifications of the building, structure or other improvement proposed for the Land;
  • not to:
    • cut any timber on the Land,
    • erect any building or other improvement on the Land, or
    • sell, lease or otherwise dispose of, except bona fide by way of security, any building or other improvement on the Land

      without the prior written consent of the Owner.
Article 5: Assignment

5.1 The Permittee shall not assign this permit or grant a subpermit of any part of the Land without the prior written consent of the Owner.

Article 6: Cancellation

6.1 If the Permittee fails to observe or perform any term contained herein, and such failure continues for a period of 60 days after the giving of written notice by the Owner to the Permittee of the nature of the failure, the Owner may cancel this permit.

6.2 If this permit is taken in execution or attachment by any person or the Permittee commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with its creditors, the Owner may, on 90 days written notice to the Permittee, cancel this permit and the rights herein granted.

6.3 If the Permittee ceases to use the Land for the purposes permitted herein and the Permittee does not recommence its use of the Land within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel this permit and the rights herein granted.

6.4 The Permittee may deliver a written notice to the Owner cancelling this permit and thereafter the permit and the rights herein granted will terminate 180 days after the date of receipt by the Owner of such written notice.

6.5 Notwithstanding subsection 4.1 (i), any building, machinery, plant equipment, apparatus, or other improvements to the Land that remain unremoved from the Land:

  • upon the cancellation of this permit pursuant to section 6.1 or section 6.4; or
  • thirty days after the expiration of this permit or the cancellation of this permit pursuant to section 6.2 or section 6.3;

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.6 If the Owner elects to assume ownership of any above-ground building, machinery, plant equipment, apparatus or other improvements to the Land pursuant to section 6.5, the Owner may remove them from the land and the Permittee shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.7 The rights of the Owner and the obligations of the Permittee under section 6.5 and section 6.6 shall, to the extent necessary, survive the expiration or cancellation of this permit.

Article 7: Security

7.1 The security in the sum of______$ and all rights, privileges, benefits and interests accruing thereto delivered by the Permittee to the Owner (herein called the "Security") to guarantee the performance of the Permittee's obligations under this permit shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. The Owner may, in its sole discretion, waive the requirements of this section.

7.2 In the event the Permittee defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this permit.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1 the Owner may, acting reasonably, from time to time by notice to the Permittee, demand the amount to be changed to that specified in a notice and the Permittee shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that while Security is waived under section 7.1, this section shall not apply.

Article 8: Notice

8.1 Whenever service of a notice or a document is required under this permit, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the Permittee, as the case may be, at the addresses specified for each on the first page of this permit, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. If there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this permit and after another address has been specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9: Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the Permittee requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Permittee.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This permit shall not entitle the Permittee to exclusive possession of the Land and the Owner may for any purpose grant to others interests in the Land or rights to enter on or use or occupy the Land, or may otherwise authorize other persons to enter on or use or occupy the Land, so long as the grant or authorization does not materially affect the exercise of the Permittee's rights hereunder. The question of whether a grant materially affects the exercise of the Permittee's rights hereunder shall be determined by the Owner acting reasonably.

9.4 The terms and provisions of this permit shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10: Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this license or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11: Interpretation

11.1 In this permit, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this permit are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this permit or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts and sections of this permit, shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

In Witness Whereof, the parties have executed this permit as of the day and year first above written.

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Signed by a duly authorized signatory of

 

in the presence of:

 

________________________________________
Name

________________________________________
Address

 

 

 

 

________________________________________
Authorized Signatory

Legal Description Schedule

  1. Legal Description
  2. Sketch Plan

Document 13: Leases (not published)

Leases on file at the Department of Indian Affairs and Northern Development, British Columbia Regional Office
and
at the Office of The Nisga'a Tribal Council

Appendix C - 3: Applicable Forms of Document for Public Utility Transmission and Distribution Facilities in Part 2 of Appendix C - 1

Document 1: Grant of Right of Way and Licence for Public Utility Works to British Columbia Hydro and Power Authority

This Agreement is dated ______________________, ____________________

Between:

 

 

 

And:

 

Nisga'a Nation

[insert address]

(the "Nisga’a Nation")

 

British Columbia Hydro and Power Authority, continued under
the Hydro and Power Authority Act, RSBC 1996, c. 212

[insert address]

("Hydro")

Whereas:

  • The Nisga'a Nation, Canada and British Columbia have entered into the Nisga'a Final Agreement.
  • The Nisga'a Nation wishes to grant to Hydro rights on Nisga'a Lands for Hydro Works existing on Nisga'a Lands on the effective date.

Therefore for good and valuable consideration the Nisga'a Nation and Hydro agree as follows:

1. Definitions

"BC TEL" means BC TEL, and its successors and assigns.

"Final Agreement" means the Nisga'a Final Agreement between the Nisga'a Nation, Canada and British Columbia.

"Hydro Purposes" means the transmission and distribution of electric energy and telecommunications.

"Hydro Works" means poles, towers, antennae (except for monopole free standing antennae), anchors, guy wires, brackets, cross arms, insulators, transformers, overhead and underground conductors, wires, lines and cables, underground conduits and pipes, access nodes, all ancillary appliances and fittings, reasonably required associated protective installations and related works such as fencing for safety or security, devices and identifying colours for aircraft warning, and utility services for the operation of any of the foregoing.

"Hydro Right of Way Area" means those portions of Nisga'a Lands as described in Schedule A attached to this Agreement.

"Licensed Hydro Works" means, collectively, any Hydro Works, and any access roads within the Vegetation Management Area, that, on the effective date, are located on Nisga'a Lands outside of:

  • a Crown road right of way area;
  • a Hydro Right of Way Area;
  • a right of way area granted to BC TEL on which Hydro is BC TEL's licensee; or
  • an area in respect of which, on the effective date, the Nisga'a Nation grants Hydro rights under a separate instrument.

"Vegetation Management Area" means the Hydro Right of Way Area together with the area 10 metres on both sides of the Hydro Right of Way Area.

2. Relationship to Final Agreement

This Agreement is made under the Final Agreement, and defined terms in the Final Agreement will have the same meaning in this Agreement.

3. Rights on Hydro Right of Way Area

The Nisga'a Nation grants to Hydro, and its employees, representatives, agents, contractors, licensees and assignees, the full, free and uninterrupted right, liberty and right of way, for Hydro Purposes, as follows:

  • to construct, excavate for, erect, string, or otherwise install, operate, maintain, repair, alter, upgrade, remove and replace Hydro Works over, upon and under the Hydro Right of Way Area;
  • to trim or remove all or any trees, growth or vegetation now or hereafter on the Vegetation Management Area that may in the reasonable opinion of Hydro create a hazard or interfere with the Hydro Works or the carrying out of any of the Hydro Purposes, except that Hydro shall take all reasonable steps, including where appropriate planting of suitable replacement vegetation, to avoid erosion or other damage;
  • to conduct vegetation management upon the Vegetation Management Area, such as the planting of vegetation compatible with use for Hydro Purposes, and the application of herbicides and pesticides provided that:
    • Hydro will not conduct any aerial application of herbicides or pesticides on the Hydro Right of Way Area or other Nisga'a Lands; and
    • Hydro will obtain all permits and approvals as required by authorities having jurisdiction, including any such permits or approvals required by the Nisga'a Nation, for the use of any herbicides or pesticides;
  • to clear the Hydro Right of Way Area and keep it cleared of all or any part of any obstructions that may in the reasonable opinion of Hydro create a hazard or interfere with the Hydro Works or the carrying out of any of the Hydro Purposes;
  • to install, maintain and use gates in all fences constructed by others which are now or hereafter shall be on the Hydro Right of Way Area and in fences across roads in the Vegetation Management Area;
  • to ground any structures, installation or things, by whomsoever owned, from time to time situated anywhere on the Hydro Right of Way Area or adjacent Nisga'a Lands where, in the reasonable opinion of Hydro, such grounding will eliminate or reduce hazard to persons;
  • to pass and repass over the Hydro Right of Way Area with or without equipment, machinery and materials as reasonably required by Hydro, and to construct, maintain, repair, replace and use trails, roads and bridges on the Hydro Right of Way Area as reasonably required to obtain access to the Hydro Works; and
  • to generally do all acts or things necessary in connection with the foregoing.
4. Non Exclusive Use

This Agreement will not entitle Hydro to exclusive possession of the Hydro Right of Way Area or other parts of the Nisga'a Lands and the Nisga'a Nation reserves the right to grant other dispositions of the Vegetation Management Area, including the Hydro Right of Way Area, so long as the grant does not materially affect the exercise of Hydro's rights under this Agreement.

5. BC TEL

Hydro will cooperate and enter into agreements with BC TEL in the same manner as Hydro and BC TEL cooperate and enter into agreements elsewhere in British Columbia, to share the use of poles, ducts and other works.

6. Licence For Hydro Works Located Outside Rights of Way

The Nisga'a Nation grants to Hydro, and its employees, representatives, agents, contractors, licensees and assignees, as of the effective date, a licence for all Licensed Hydro Works to use and occupy Nisga'a Lands on the following terms:

  • the licence is irrevocable so long as Hydro requires the use of "the License"d Hydro Works for Hydro Purposes, unless "the License"d Hydro Works are included within a Crown road right of way area or Hydro Right of Way Area under this paragraph;
  • for "the License"d Hydro Works, Hydro holds the same rights, privileges and obligations, including all indemnity obligations, as apply to Hydro for the use of the Hydro Right of Way Area under this Agreement, and including the right of reasonable access onto the Nisga'a Lands for the purpose of gaining access to "the License"d Hydro Works;
  • if at any time in the course of maintenance or operations Hydro replaces or makes significant repairs to Licensed Hydro Works which are adjacent to a Crown road right of way area or a Hydro Right of Way Area then, upon written notice from the Nisga'a Nation and provided the relocation does not result in significant increased costs, and for a Crown road right of way area if the relocation is acceptable to British Columbia, Hydro will relocate "the License"d Hydro Works on to the adjacent right of way area, and the licence for those Licensed Hydro Works will be terminated;
  • the Nisga'a Nation may at any time at no cost to Hydro require Hydro to enter into an agreement to extend the Hydro Right of Way Area so as to incorporate within the Hydro Right of Way Area any Licensed Hydro Works designated by the Nisga'a Nation and upon the appropriate extension of the Hydro Right of Way Area the licence for those Licensed Hydro Works will be terminated;
  • the Nisga'a Nation may at any time require Hydro to relocate Licensed Hydro Works designated by the Nisga'a Nation to another location on Nisga'a Lands, including on to an adjacent Crown road right of way area if acceptable to British Columbia, or to a Hydro Right of Way Area and in that event:
    • if the new location is reasonably suitable for use for Hydro Works considering construction, maintenance and operation and costs, Hydro will proceed with the relocation;
    • the Nisga'a Nation will give reasonable notice to permit design, planning and construction of the Hydro Works to be relocated;
    • the Nisga'a Nation will pay all reasonable costs, including costs of design, supervision and construction; and
    • upon relocation, this licence is extended to the relocated Hydro Works, except if the relocated Hydro Works are located on a Crown road right of way area or a Hydro Right of Way Area, then the license for those Hydro Works will be terminated.
7. Duration

The rights, liberties and rights of way granted under this Agreement are for so long as required and will terminate, without compensation to Hydro, when Hydro no longer requires the Hydro Right of Way Area, and:

  • Hydro gives 90 days written notice to the Nisga'a Nation; or
  • the Nisga'a Nation gives 90 days written notice to Hydro.
8. Work Plans For Hydro Works

Except in an emergency, Hydro will provide to the Nisga'a Nation a written work plan describing proposed work on or related to a Hydro Right of Way Area prior to undertaking any of the following work:

  • installation of any new transmission or distribution lines;
  • relocation of any transmission or distribution lines;
  • trimming or removal of any trees, growth or vegetation on or adjacent to a Hydro Right of Way Area, including the Vegetation Management Area;
  • constructing any new trails, roads or bridges on the Hydro Right of Way Area.

Hydro will provide the work plan in time to afford the Nisga'a Nation the opportunity to comment, and Hydro will use reasonable efforts to accommodate any suggestions or requests presented by the Nisga'a Nation provided they do not result in significant increased costs.

9. Insurance and Security

If British Columbia requires Hydro to carry insurance, to provide security, or both, in relation to rights of way granted to Hydro by British Columbia, then on request of the Nisga'a Nation, Hydro will obtain insurance, security, or both, for the benefit of the Nisga'a Nation on terms substantially the same as required by British Columbia.

10. Access to Hydro Rights of Way

If for any reason Hydro is unable to obtain reasonable access to any Hydro Works from the Hydro Right of Way Area, a Crown road, a Nisga'a road or a Hydro private access right of way, then the Nisga'a Nation will, where land access is reasonably practicable, on application from Hydro, grant Hydro the right to cross Nisga'a Lands to provide Hydro access on terms substantially the same as contained in Document 3 of Appendix C4 to the Final Agreement.

11. Hazardous Trees Adjacent to Hydro Right of Way

Hydro may remove any tree located on Nisga'a Lands which by falling or otherwise may endanger any Hydro Works, but, except in an emergency, will give the Nisga'a Nation prior written notice.

12. Protection of the Environment

Hydro will undertake activities permitted under this Agreement having regard for the impact on the environment, and will take prudent measures to minimize damage or disruption to the environment.

13. Replacement Right of Way

If a material change occurs to lands which for any reason makes the continued use of any portion of the Hydro Right of Way Area unsuitable for the Hydro Purposes, then the Nisga'a Nation will, without charge, grant a replacement right of way to Hydro for construction of the replacement Hydro Works, as follows:

  • Hydro will, before undertaking any work, deliver a work plan to the Nisga'a Nation indicating the location of the contemplated replacement right of way area, for approval by the Nisga'a Nation which approval will not be unreasonably withheld;
  • Hydro will take into account the effect of the replacement right of way area on adjacent Nisga'a Lands, and any unique aspects of these lands, and the Nisga'a Nation will take into account the cost efficiencies of the location selected by Hydro for a replacement right of way area in relation to alternative locations;
  • the replacement right of way agreement will be on the same terms and conditions as this Agreement, and the Nisga'a Nation will use its best efforts to ensure that the replacement right of way has the same priority over other charges and encumbrances as this Agreement;
  • Hydro will execute a release of this Agreement in relation to the portions of the abandoned Hydro Right of Way Area.

Despite any provision of this paragraph, in an emergency Hydro may, without approval from the Nisga'a Nation, enter on to Nisga'a Lands to undertake all work and take all steps as are reasonably required to be taken immediately in order to restore electrical and telecommunication services, or to ensure safety of persons and property that may be at risk from Hydro Works. Hydro will give notice as soon as reasonably possible to the Nisga'a Nation of any emergency entry.

14. Entry on Nisga'a Lands outside the Hydro Right of Way Area

Hydro, and its employees, representatives, agents, contractors, licensees and assignees, may enter onto Nisga'a Lands outside the Hydro Right of Way Area for the purpose of undertaking works to protect Hydro Works, or to protect persons and property that may be at risk from Hydro Works, as follows:

  • Hydro will before commencing any work deliver a written work plan describing the effect and extent of the proposed work on Nisga'a Lands to the Nisga'a Nation for approval;
  • the Nisga'a Nation will not unreasonably withhold approval of the work plan, considering the effect of the proposed work, including the cost of the proposed works compared to the cost of alternate solutions, the extent of the risk of not undertaking the work, and the impact on the Nisga'a Lands. If Hydro and the Nisga'a Nation cannot agree on a work plan requested by Hydro within 30 days of receipt by the Nisga'a Nation of the proposed work plan then either party may refer the disagreement to dispute resolution under Paragraph 21 of this Agreement;
  • Hydro will minimize damage to and time spent on Nisga'a Lands;
  • Hydro will pay fair compensation, as defined in the Final Agreement, for any interference with or damage to adjacent Nisga'a Lands.

Notwithstanding other provisions of this paragraph or this Agreement, in an emergency Hydro may undertake works and take steps on Nisga'a Lands as are reasonably required to be taken immediately in order to protect Hydro Works, or to protect persons and property that may be at risk from Hydro Works, and in that event Hydro will as soon as reasonably possible notify the Nisga'a Nation in writing.

15. Entry on Nisga'a Lands outside the Crown roads right of way area

The parties' rights and obligations as set out in paragraph 14 apply with respect to Hydro Works located on a Crown roads right of way area.

16. Relocation of Hydro Works

If the Nisga'a Nation requires a portion of a Hydro Right of Way Area for other purposes, then upon request by the Nisga'a Nation Hydro will relocate any Hydro Right of Way Area including the related Hydro Works, to a new location as follows:

  • the relocation will proceed only if the new location is reasonably suitable for use for Hydro Works considering construction, maintenance and operation and costs; and
  • the Nisga'a Nation will give reasonable notice to permit design, planning and construction of the Hydro Works to be relocated; and
  • the Nisga'a Nation will pay all reasonable costs, including costs of design, supervision and construction.

The Nisga'a Nation will extend the Hydro Right of Way Area as reasonably required, so that the extended Hydro Right of Way Area has similar priority over other charges and encumbrances as the original. When a portion of a Hydro Right of Way Area is relocated then the Hydro Right of Way Area for the portion that is abandoned will be terminated.

17. Indemnity

Hydro will indemnify and save harmless the Nisga'a Nation from and against all losses, damages, costs, liabilities, claims, expenses, and suits, including fees of solicitors and other professional advisors, arising out of:

  • any breach, violation or non-performance by Hydro of any of Hydro's covenants, conditions or obligations under this Agreement; and
  • any personal injury, death, or property damage, including environmental damage, occurring on or to Nisga'a Lands arising from Hydro's use or occupation of Nisga'a Lands under this Agreement,

but not for any claims based on nuisance or the rule in Rylands v Fletcher unless Hydro was negligent.

18. Covenants of Hydro

Hydro covenants with the Nisga'a Nation:

  • to pay compensation to the Nisga'a Nation for any damage to buildings, crops (except for trees in the Vegetation Management Area), livestock, drains, ditches, culverts, fences, trails, bridges, roads and fruit, nut or ornamental trees caused by Hydro;
  • despite subparagraph (a), to pay compensation to its owner, in accordance with generally accepted principles of timber valuation, for all merchantable timber cut or damaged by Hydro on Nisga'a Lands on or adjacent to the Hydro Right of Way Area, and the parties agree that on payment, title to any timber cut on the Nisga'a Lands under this Agreement vests in Hydro;
  • to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged to the account of Hydro which relate to the Hydro Right of Way Area and which Hydro is liable to pay;
  • to keep the Hydro Right of Way Area, and any Hydro Works, in a safe, clean and sanitary condition to the extent the condition relates to Hydro's use or occupation of the Hydro Right of Way Area, and on written notice from the Nisga'a Nation, to make safe, clean and sanitary any portion of the Hydro Right of Way Area, or the Hydro Works that contravene the provisions of this covenant, provided that Hydro has no obligation to keep the Hydro Right of Way roads or access roads, suitable for use by anyone except Hydro;
  • not to disturb or interfere with any survey monuments, bars or iron pins located on the Nisga'a Lands including the Hydro Right of Way Area;
  • not to bury debris or rubbish of any kind on Nisga'a Lands in excavations or backfill, and to remove shoring and similar temporary structures as backfilling proceeds;
  • to bury and maintain all underground works as may be required so as not to unduly interfere with the drainage of the Nisga'a Lands;
  • not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Hydro Right of Way Area, or anything that may be or become a nuisance or annoyance to the owners of the Nisga'a Lands, except to the extent necessary to carry out any of the Hydro Purposes;
  • to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent governmental authority which relate to the Hydro Right of Way Area;
  • to permit the Nisga'a Nation to enter upon the Hydro Right of Way Area at any time to examine its condition;
  • if for any reason this Agreement terminates with respect to a portion of the Hydro Right of Way Area, to:
    • quit peaceably that portion of the Hydro Right of Way Area;
    • decommission any Hydro roads and restore the surface of that portion of the Hydro Right of Way Area to a condition to which similar lands are typically restored in the Province of British Columbia, unless otherwise agreed to in writing by the Nisga'a Nation and Hydro at the time of restoration;
    • remove all above ground Hydro Works from that portion of the Hydro Right of Way Area within a reasonable period of time and in any event within 2 years, and any Hydro Works remaining on that portion of the Hydro Right of Way Area will be absolutely forfeited to and become the property of the Nisga'a Nation. If the Nisga'a Nation removes any remaining above ground Hydro Works within 4 years, Hydro will, on demand by the Nisga'a Nation, reimburse the Nisga'a Nation for all reasonable costs of removal; and
    • remain liable for any environmental damage to the Nisga'a Lands arising from any below ground Hydro Works that remain on or in that portion of the Hydro Right of Way Area after termination, except that if the Nisga'a Nation uses or authorizes the use of the remaining below ground Hydro Works for any purpose then Hydro will not be liable for any environmental damage caused by the Nisga'a Nation use, or authorized use; and to the extent necessary, this covenant will survive the termination of this Agreement; and
  • if Hydro, or its employees, representatives, agents, contractors, licensees or assignees, discover any archaeological material on the Hydro Right of Way Area, to take all reasonable steps and precautions to minimize disturbance of that material, and to immediately notify the Nisga'a Nation.
19. Covenants of the Nisga'a Nation

The Nisga'a Nation covenants with Hydro:

  • not to use or authorize the use of the portions of the Hydro Right of Way Area designated by Hydro, acting reasonably, as "non-parking areas" for the regular or organized parking of vehicles, provided that nothing in this paragraph is intended to prevent safe temporary parking of vehicles;
  • not to park or authorize to be parked on the Hydro Right of Way Area any vehicle or equipment exceeding 25 feet in length under any conductor of 500 kV or higher voltage, unless such vehicle is properly grounded;
  • not to use or authorize the use of the Hydro Right of Way Area for fuelling any vehicle or equipment;
  • not to use or authorize the use of the Hydro Right of Way Area for any purpose, including the construction of any improvements, that in the reasonable opinion of Hydro would be unsafe or would interfere with Hydro's use of the Hydro Right of Way Area;
  • not to carry out blasting or aerial logging operations on or immediately adjacent to the Hydro Right of Way Area without the prior written permission from Hydro, which permission will not be unreasonably withheld or delayed; and
  • not to intentionally do or authorize any act or thing that injures or endangers the Hydro Works.
20. Licence

Hydro will not licence the use of the Hydro Right of Way Area, in whole or in part, without the prior written consent of the Nisga'a Nation provided that:

  • Hydro may grant a licence to BC Tel for the use of the Hydro Right of Way Area without the consent of the Nisga'a Nation;
  • the Nisga'a Nation may attach conditions to its consent to any licence, including the provision of insurance and security, in a form and amount acceptable to the Nisga'a Nation; and
  • no licence will act as a release of any of Hydro's obligations as set out in this Agreement.
21. Disputes

Any dispute arising out of or in connection with this Agreement will be resolved as follows:

  • the parties will attempt to resolve disputes by good faith negotiations, including timely disclosure of all relevant facts, information and documents;
  • either party may, at any time, by written notice request that the dispute be referred to mediation, conducted by a mediator, knowledgeable about the matters in dispute;
  • if the dispute is not resolved within 30 days of the notice to mediate under subparagraph (b) then, on the agreement of both parties, the dispute may be referred to a single arbitrator for final resolution. If the parties do not agree to arbitration then either party may refer the matter to a court of competent jurisdiction;

except that it is not incompatible with this paragraph for a party to apply to a court of competent jurisdiction at any time for interim or conservatory relief and for the court to grant that relief.

22. Notice

If notice is required or permitted under this Agreement, the notice:

  • must be in writing;
  • must be delivered to the address set out above, or other address as specified in writing by a party;
  • may be given in one or more of the following ways:
    • delivered personally or by courier, and it will be deemed received on the next business day;
    • delivered by fax, and it will be deemed received on the next business day; or
    • mailed by pre-paid post in Canada, and it will be deemed received on the eighth business day following.
23. Runs With the Land

This Agreement runs with and binds Nisga'a Lands, to the extent reasonably necessary to give full force and effect to this Agreement.

24. Waiver and Consent

A breach of any term, condition, covenant or other provision of this Agreement may only be waived in writing, and any waiver will not be construed as a waiver of any subsequent breach. Consent to or approval of any act, where consent or approval is required under this Agreement, will not be construed as consent to or approval of any subsequent act.

25. Remedies

No remedy set out in this Agreement is exclusive of any other remedy provided by law, but will be in addition to any other remedy existing at law, in equity, or by statute.

26. Successors and Assigns

The terms and provisions of this Agreement will extend to, be binding upon and enure to the benefit of the parties and their successors and assigns.

27. Interpretation

In this Agreement:

  • all attached schedules form an integral part of this Agreement;
  • unless the context otherwise requires, the singular includes the plural and the masculine include the feminine gender, body politic and a corporation;
  • the headings are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of this Agreement;
  • a reference to an enactment of British Columbia or of Canada will be deemed to include a reference to any subsequent amendments or replacements; and
  • if any provision is determined by a court or arbitrator of competent jurisdiction to be illegal or unenforceable, that provision will be considered separate and severable, and the legality or enforceability of the remaining provisions will not be affected by that determination.

In Witness Thereof the parties have duly executed this Agreement, as of the date first referred to above.

Nisga'a Nation

Per:______________________________

Per:______________________________

British Columbia Hydro and Power Authority

Per:______________________________

Per:______________________________

Schedule A: Description of Hydro Right of Way Area

 

Document 2: Grant of Right of Way and Licence for Telecommunications to BC TEL

This Agreement is dated ______________________, ____________________

Between:

 

 

 

And:

 

Nisga'a Nation

[insert address]

(the "Nisga’a Nation")

 

BC TEL, a corporation under the laws of Canada

[insert address]

("Hydro")

Whereas:

  • The Nisga'a Nation, Canada and British Columbia have entered into the Nisga'a Final Agreement.
  • The Nisga'a Nation wishes to grant to BC TEL rights on Nisga'a Lands for BC TEL Works existing on Nisga'a Lands on the effective date.

Therefore for good and valuable consideration the Nisga'a Nation and BC TEL agree as follows:

1. Definitions

"Final Agreement" means the Nisga'a Final Agreement between the Nisga'a Nation, Canada and British Columbia.

"BC TEL Purposes" means telecommunications.

"BC TEL Works" means poles, towers, antennae (except for monopole free standing antennae), anchors, guy wires, brackets, cross arms, insulators, transformers, overhead and underground conductors, wires, lines and cables, underground conduits and pipes, access nodes, all ancillary appliances and fittings, reasonably required associated protective installations and related works such as fencing for safety or security, devices and identifying colours for aircraft warning, and utility services for the operation of any of the foregoing.

"BC TEL Right of Way Area" means those portions of Nisga'a Lands as described in Schedule A attached to this Agreement.

"Hydro" means British Columbia Hydro And Power Authority, and its successors and assigns.

"Licensed BC TEL Works" means, collectively, any BC TEL Works, and any access roads within the BC TEL Right of Way Area, that, on the effective date, are located on Nisga'a Lands outside of:

  • a Crown road right of way area;
  • a BC TEL Right of Way Area; or
  • a right of way area granted to Hydro on which BC TEL is Hydro's licensee;
  • an area in respect of which, on the effective date, the Nisga'a Nation grants BC TEL rights under a separate instrument.
2. Relationship to Final Agreement

This Agreement is made under the Final Agreement, and defined terms in the Final Agreement will have the same meaning in this Agreement.

3. Rights on BC TEL Right of Way Area

The Nisga'a Nation grants to BC TEL, and its employees, representatives, agents, contractors, licensees and assignees, the full, free and uninterrupted right, liberty and right of way, for BC TEL Purposes, as follows:

  • to construct, excavate for, erect, string, or otherwise install, operate, maintain, repair, alter, upgrade, remove and replace BC TEL Works over, upon and under the BC TEL Right of Way Area;
  • to trim or remove all or any trees, growth or vegetation now or hereafter on the BC TEL Right of Way Area that may in the reasonable opinion of BC TEL create a hazard or interfere with the BC TEL Works or the carrying out of any of the BC TEL Purposes, except that BC TEL shall take all reasonable steps, including where appropriate planting of suitable replacement vegetation, to avoid erosion or other damage;
  • to conduct vegetation management upon the BC TEL Right of Way Area, such as the planting of vegetation compatible with use for BC TEL Purposes, and the application of herbicides and pesticides provided that:
    • BC TEL will not conduct any aerial application of herbicides or pesticides on the BC TEL Right of Way Area or other Nisga'a Lands; and
    • BC TEL will obtain all permits and approvals as required by authorities having jurisdiction, including any such permits or approvals required by the Nisga'a Nation, for the use of any herbicides or pesticides;
  • to clear the BC TEL Right of Way Area and keep it cleared of all or any part of any obstructions that may in the reasonable opinion of BC TEL create a hazard or interfere with the BC TEL Works or the carrying out of any of the BC TEL Purposes;
  • to install, maintain and use gates in all fences constructed by others which are now or hereafter shall be on the BC TEL Right of Way Area;
  • to pass and repass over the BC TEL Right of Way Area with or without equipment, machinery and materials as reasonably required by BC TEL, and to construct, maintain, repair, replace and use trails, roads and bridges on the BC TEL Right of Way Area as reasonably required to obtain access to the BC TEL Works; and to generally do all acts or things necessary in connection with the foregoing.
4. Non Exclusive Use

This Agreement will not entitle BC TEL to exclusive possession of the BC TEL Right of Way Area or other parts of the Nisga'a Lands and the Nisga'a Nation reserves the right to grant other dispositions of the BC TEL Right of Way Area so long as the grant does not materially affect the exercise of BC TEL's rights under this Agreement.

5. Hydro

BC TEL will cooperate and enter into agreements with Hydro in the same manner as Hydro and BC TEL cooperate and enter into agreements elsewhere in British Columbia, to share the use of poles, ducts and other works.

6. Licence For BC TEL Works Located Outside Rights of Way

The Nisga'a Nation grants to BC TEL, and its employees, representatives, agents, contractors, licensees and assignees, as of the effective date, a licence for all Licensed BC TEL Works to use and occupy Nisga'a Lands on the following terms:

  • the licence is irrevocable so long as BC TEL requires the use of "the License"d BC TEL Works for BC TEL Purposes, unless "the License"d BC TEL Works are included within a Crown road right of way area or BC TEL Right of Way Area under this paragraph;
  • for "the License"d BC TEL Works, BC TEL holds the same rights, privileges and obligations, including all indemnity obligations, as apply to BC TEL for the use of the BC TEL Right of Way Area under this Agreement, and including the right of reasonable access onto the Nisga'a Lands for the purpose of gaining access to "the License"d BC TEL Works;
  • if at any time in the course of maintenance or operations BC TEL replaces or makes significant repairs to Licensed BC TEL Works which are adjacent to a Crown road right of way area or a BC TEL Right of Way Area then, upon written notice from the Nisga'a Nation and provided the relocation does not result in significant increased costs, and for a Crown road right of way area if the relocation is acceptable to British Columbia, BC TEL will relocate "the License"d BC TEL Works on to the adjacent right of way area, and the licence for those Licensed BC TEL Works will be terminated;
  • the Nisga'a Nation may at any time at no cost to BC TEL require BC TEL to enter into an agreement to extend the BC TEL Right of Way Area so as to incorporate within the BC TEL Right of Way Area any Licensed BC TEL Works designated by the Nisga'a Nation and upon the appropriate extension of the BC TEL Right of Way Area the licence for those Licensed BC TEL Works will be terminated;
  • the Nisga'a Nation may at any time require BC TEL to relocate Licensed BC TEL Works designated by the Nisga'a Nation to another location on Nisga'a Lands including on to an adjacent Crown road right of way area if acceptable to British Columbia, or to a BC TEL Right of Way Area and in that event:
    • if the new location is reasonably suitable for use for BC TEL Works considering construction, maintenance and operation and costs BC TEL will proceed with the relocation;
    • the Nisga'a Nation will give reasonable notice to permit design, planning and construction of the BC TEL Works to be relocated;
    • the Nisga'a Nation will pay all reasonable costs, including costs of design, supervision and construction; and
    • upon relocation, this licence is extended to the relocated BC TEL Works, except if the relocated BC TEL Works are located on a Crown road right of way area or a BC TEL Right of Way Area, then the license for those BC TEL Works will be terminated.
7. Duration

The rights, liberties and rights of way granted under this Agreement are for so long as required and will terminate, without compensation to BC TEL, when BC TEL no longer requires the BC TEL Right of Way Area, and:

  • BC TEL gives 90 days written notice to the Nisga'a Nation; or
  • the Nisga'a Nation gives 90 days written notice to BC TEL.
8. Work Plans For BC TEL Works

Except in an emergency BC TEL will provide to the Nisga'a Nation a written work plan describing proposed work on or related to a BC TEL Right of Way Area prior to undertaking any of the following work:

  • installation of any new telecommunication lines;
  • relocation of any telecommunication lines;
  • trimming or removal of any trees, growth or vegetation on or adjacent to a BC TEL Right of Way Area;
  • constructing any new trails, roads or bridges on the BC TEL Right of Way Area.

BC TEL will provide the work plan in time to afford the Nisga'a Nation the opportunity to comment, and BC TEL will use reasonable efforts to accommodate any suggestions or requests presented by the Nisga'a Nation provided they do not result in significant increased costs.

9. Insurance and Security

If British Columbia requires BC TEL to carry insurance, to provide security, or both, in relation to rights of way granted to BC TEL by British Columbia, then on request of the Nisga'a Nation, BC TEL will obtain insurance, security, or both, for the benefit of the Nisga'a Nation on terms substantially the same as required by British Columbia.

10. Access to BC TEL Rights of Way

If for any reason BC TEL is unable to obtain reasonable access to any BC TEL Works from the BC TEL Right of Way Area, a Crown road, a Nisga'a road or a BC TEL private access right of way, then the Nisga'a Nation will, where land access is reasonably practicable, on application from BC TEL, grant BC TEL the right to cross Nisga'a Lands to provide BC TEL access on terms substantially the same as contained in Document 3 of Appendix C-4 to the Final Agreement.

11. Protection of the Environment

BC TEL will undertake activities permitted under this Agreement having regard for the impact on the environment, and will take prudent measures to minimize damage or disruption to the environment.

12. Replacement Right of Way

If a material change occurs to lands which for any reason makes the continued use of any portion of the BC TEL Right of Way Area unsuitable for the BC TEL Purposes, then the Nisga'a Nation will, without charge, grant a replacement right of way to BC TEL for construction of the replacement BC TEL Works, as follows:

  • BC TEL will, before undertaking any work, deliver a work plan to the Nisga'a Nation indicating the location of the contemplated replacement right of way area, for approval by the Nisga'a Nation which approval will not be unreasonably withheld;
  • BC TEL will take into account the effect of the replacement right of way area on adjacent Nisga'a Lands, and any unique aspects of these lands, and the Nisga'a Nation will take into account the cost efficiencies of the location selected by BC TEL for a replacement right of way area in relation to alternative locations;
  • the replacement right of way agreement will be on the same terms and conditions as this Agreement, and the Nisga'a Nation will use its best efforts to ensure that the replacement right of way has the same priority over other charges and encumbrances as this Agreement;
  • BC TEL will execute a release of this Agreement in relation to the portions of the abandoned BC TEL Right of Way Area.

Despite any provision of this paragraph, in an emergency BC TEL may, without approval from the Nisga'a Nation, enter on to Nisga'a Lands to undertake all work and take all steps as are reasonably required to be taken immediately in order to restore electrical and telecommunication services, or to ensure safety of persons and property that may be at risk from BC TEL Works. BC TEL will give notice as soon as reasonably possible to the Nisga'a Nation of any emergency entry.

13. Entry on Nisga'a Lands outside the BC TEL Right of Way Area

BC TEL, and its employees, representatives, agents, contractors, licensees and assignees, may enter onto Nisga'a Lands outside the BC TEL Right of Way Area for the purpose of undertaking works to protect BC TEL Works, or to protect persons and property that may be at risk from BC TEL Works, as follows:

  • BC TEL will before commencing any work deliver a written work plan describing the effect and extent of the proposed work on Nisga'a Lands to the Nisga'a Nation for approval;
  • the Nisga'a Nation will not unreasonably withhold approval of the work plan, considering the effect of the proposed work, including the cost of the proposed works compared to the cost of alternate solutions, the extent of the risk of not undertaking the work, and the impact on the Nisga'a Lands. If BC TEL and the Nisga'a Nation cannot agree on a work plan requested by BC TEL within 30 days of receipt by the Nisga'a Nation of the proposed work plan then either party may refer the disagreement to dispute resolution under Paragraph 21 of this Agreement;
  • BC TEL will minimize the damage to and time spent on Nisga'a Lands;
  • BC TEL will pay fair compensation, as defined in the Final Agreement, for any interference with or damage to adjacent Nisga'a Lands.

Notwithstanding other provisions of this paragraph or this Agreement, in an emergency BC TEL may undertake works and take steps on Nisga'a Lands as are reasonably required to be taken immediately in order to protect BC TEL Works, or to protect persons and property that may be at risk from BC TEL Works, and in that event BC TEL will as soon as reasonably possible notify the Nisga'a Nation in writing.

14. Entry on Nisga'a Lands outside the Crown roads right of way area

The parties' rights and obligations as set out in paragraph 13 apply with respect to BC TEL Works located on a Crown road right of way area.

15. Relocation of BC TEL Works

If the Nisga'a Nation requires a portion of a BC TEL Right of Way Area for other purposes, then upon request by the Nisga'a Nation, BC TEL will relocate any BC TEL Right of Way Area including the related BC TEL Works, to a new location as follows:

  • the relocation will proceed only if the new location is reasonably suitable for use for BC TEL Works considering construction, maintenance and operation and costs; and
  • the Nisga'a Nation will give reasonable notice to permit design, planning and construction of the BC TEL Works to be relocated; and
  • the Nisga'a Nation will pay all reasonable costs, including costs of design, supervision and construction.

The Nisga'a Nation will extend the BC TEL Right of Way Area as reasonably required, so that the extended BC TEL Right of Way Area has similar priority over other charges and encumbrances as the original. When a portion of a BC TEL Right of Way Area is relocated then the BC TEL Right of Way Area for the portion that is abandoned will be terminated.

16. Indemnity

BC TEL will indemnify and save harmless the Nisga'a Nation from and against all losses, damages, costs, liabilities, claims, expenses, and suits, including fees of solicitors and other professional advisors, arising out of:

  • any breach, violation or non-performance by BC TEL of any of BC TEL's covenants, conditions or obligations under this Agreement; and
  • any personal injury, death, or property damage, including environmental damage, occurring on or to Nisga'a Lands arising from BC TEL's use or occupation of Nisga'a Lands under this Agreement.
17. Covenants of BC TEL

BC TEL covenants with the Nisga'a Nation:

  • to pay compensation to the Nisga'a Nation for any damage to buildings, crops (except for trees in the BC TEL Right of Way Area), livestock, drains, ditches, culverts, fences, trails, bridges, roads and fruit, nut or ornamental trees caused by BC TEL;
  • despite subparagraph (a), to pay compensation to its owner, in accordance with generally accepted principles of timber valuation, for all merchantable timber cut or damaged by BC TEL on Nisga'a Lands on or adjacent to the BC TEL Right of Way Area, and the parties agree that, on payment, title to any timber cut on the Nisga'a Lands under this Agreement vests in BC TEL;
  • to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged to the account of BC TEL which relate to the BC TEL Right of Way Area and which BC TEL is liable to pay;
  • to keep the BC TEL Right of Way Area, and any BC TEL Works, in a safe, clean and sanitary condition to the extent the condition relates to BC TEL's use or occupation of the BC TEL Right of Way Area, and on written notice from the Nisga'a Nation, to make safe, clean and sanitary any portion of the BC TEL Right of Way Area, or the BC TEL Works that contravene the provisions of this covenant;
  • not to disturb or interfere with any survey monuments, bars or iron pins located on the Nisga'a Lands including the BC TEL Right of Way Area;
  • not to bury debris or rubbish of any kind on Nisga'a Lands in excavations or backfill, and to remove shoring and similar temporary structures as backfilling proceeds;
  • to bury and maintain all underground works as may be required so as not to unduly interfere with the drainage of the Nisga'a Lands;
  • not to commit or suffer any wilful or voluntary waste, spoil or destruction on the BC TEL Right of Way Area, or anything that may be or become a nuisance or annoyance to the owners of the Nisga'a Lands, except to the extent necessary to carry out any of the BC TEL Purposes;
  • to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent governmental authority which relate to the BC TEL Right of Way Area;
  • to permit the Nisga'a Nation to enter upon the BC TEL Right of Way Area at any time to examine its condition;
  • if for any reason this Agreement terminates with respect to a portion of the BC TEL Right of Way Area, to:
    • quit peaceably that portion of the BC TEL Right of Way Area;
    • decommission any BC TEL roads and restore the surface of that portion of the BC TEL Right of Way Area to a condition to which similar lands are typically restored in the Province of British Columbia, unless otherwise agreed to in writing by the Nisga'a Nation and BC TEL at the time of restoration;
    • remove all above ground BC TEL Works from that portion of the BC TEL Right of Way Area within a reasonable period of time and in any event within 2 years, and any BC TEL Works remaining on that portion of the BC TEL Right of Way Area will be absolutely forfeited to and become the property of the Nisga'a Nation. If the Nisga'a Nation removes any remaining above ground BC TEL Works within 4 years, BC TEL will, on demand by the Nisga'a Nation, reimburse the Nisga'a Nation for all reasonable costs of removal; and
    • remain liable for any environmental damage to the Nisga'a Lands arising from any below ground BC TEL Works that remain on or in that portion of the BC TEL Right of Way Area after termination, except that if the Nisga'a Nation uses or authorizes the use of the remaining below ground BC TEL Works for any purpose than BC TEL will not be liable for any environmental damage caused by the Nisga'a Nation use, or authorized use;

      and to the extent necessary, this covenant will survive the termination of this Agreement; and
  • if BC TEL, or its employees, representatives, agents, contractors, licensees or assignees, discover any archaeological material on the BC TEL Right of Way Area, to take all reasonable steps and precautions to minimize disturbance of that material, and to immediately notify the Nisga'a Nation.
18. Covenants of the Nisga'a Nation

The Nisga'a Nation covenants with BC TEL:

  • not to use or authorize the use of the BC TEL Right of Way Area for any purpose, including the construction of any improvements, that in the reasonable opinion of BC TEL would be unsafe or would interfere with BC TEL's use of the BC TEL Right of Way Area;
  • not to carry out blasting or aerial logging operations on or immediately adjacent to the BC TEL Right of Way Area without the prior written permission from BC TEL, which permission will not be unreasonably withheld or delayed; and
  • not to intentionally do or authorize any act or thing that injures or endangers the BC TEL Works.
19. Licence

BC TEL will not licence the use of the BC TEL Right of Way Area, in whole or in part, without the prior written consent of the Nisga'a Nation provided that:

  • BC TEL may, despite any limitations in the grants and authorizations to BC TEL in this Agreement, grant a licence to Hydro for the use of the BC TEL Right of Way Area for the transmission and distribution of electric energy and telecommunications, without the consent of the Nisga'a Nation. Any licence to Hydro will be deemed to include the right, exclusively for Hydro's benefit, to remove any tree located on Nisga'a Lands which by falling or otherwise may endanger any of Hydro's works, and, except in an emergency, Hydro will be required to give the Nisga'a Nation prior written notice of the exercise of this right outside the BC TEL Right of Way Area;
  • the Nisga'a Nation may attach conditions to its consent to any licence, including the provision of insurance and security, in a form and amount acceptable to the Nisga'a Nation; and
  • no licence will act as a release of any of BC TEL's obligations as set out in this Agreement.
20. Assignment

Despite paragraph 19, BC TEL may, without the consent of the Nisga'a Nation, assign its interest in this Agreement to an affiliate (as defined in the Company Act) of BC TEL provided that BC TEL gives 120 days notice in writing of this change.

21. Disputes

Any dispute arising out of or in connection with this Agreement will be resolved as follows:

  • the parties will attempt to resolve disputes by good faith negotiations, including timely disclosure of all relevant facts, information and documents;
  • either party may, at any time, by written notice request that the dispute be referred to mediation, conducted by a mediator, knowledgeable about the matters in dispute;
  • if the dispute is not resolved within 30 days of the notice to mediate under subparagraph (b) then, on the agreement of both parties, the dispute may be referred to a single arbitrator for final resolution. If the parties do not agree to arbitration then either party may refer the matter to a court of competent jurisdiction;

except that it is not incompatible with this paragraph for a party to apply to a court of competent jurisdiction at any time for interim or conservatory relief and for the court to grant that relief.

22. Notice

If notice is required or permitted under this Agreement, the notice:

  • must be in writing;
  • must be delivered to the address set out above, or other address as specified in writing by a party;
  • may be given in one or more of the following ways:
    • delivered personally or by courier, and it will be deemed received on the next business day;
    • delivered by fax, and it will be deemed received on the next business day; or
    • mailed by pre-paid post in Canada, and it will be deemed received on the eighth business day following.
23. Runs With the Land

This Agreement runs with and binds Nisga'a Lands, to the extent reasonably necessary to give full force and effect to this Agreement.

24. Waiver and Consent

A breach of any term, condition, covenant or other provision of this Agreement may only be waived in writing, and any waiver will not be construed as a waiver of any subsequent breach. Consent to or approval of any act, where consent or approval is required under this Agreement, will not be construed as consent to or approval of any subsequent act.

25. Remedies

No remedy set out in this Agreement is exclusive of any other remedy provided by law, but will be in addition to any other remedy existing at law, in equity, or by statute.

26. Successors and Assigns

The terms and provisions of this Agreement will extend to, be binding upon and enure to the benefit of the parties and their successors and assigns.

27. Interpretation

In this Agreement:

  • all attached schedules form an integral part of this Agreement;
  • unless the context otherwise requires, the singular includes the plural and the masculine include the feminine gender, body politic and a corporation;
  • the headings are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of this Agreement;
  • a reference to an enactment of British Columbia or of Canada will be deemed to include a reference to any subsequent amendments or replacements; and
  • if any provision is determined by a court or arbitrator of competent jurisdiction to be illegal or unenforceable, that provision will be considered separate and severable, and the legality or enforceability of the remaining provisions will not be affected by that determination.

In Witness Whereof the parties have duly executed this Agreement, as of the date first referred to above.

Nisga'a Nation

Per:______________________________

Per:______________________________

BC TEL

Per:______________________________

Per:______________________________

Schedule A: Description of BC TEL Right of Way Area

Appendix C Interests on Nisga'a Lands – Part 2

Appendix C - 4: Applicable Forms of Document for Roads Listed in Part 3 of Appendix C - 1

Document 1: Grant of Right of Way for Secondary Provincial Roads

This Grant of Right of Way made the __________ day of ____________________ , ______

Between:

 

 

 

And:

 

Nisga'a Nation, of

[insert address]

(Nisga'a Nation)

 

Her Majesty the Queen in Right of the Province of British Columbia,
as represented by the Minister of Transportation and Highways

[insert address]

("British Columbia")

Whereas:

  • The Nisga'a Nation, Canada and British Columbia have entered into the Nisga'a Final Agreement.
  • The Nisga'a Nation wishes to grant rights of way over areas of Nisga'a Lands for secondary provincial roads.

Therefore for good and valuable consideration the Nisga'a Nation and British Columbia agree as follows:

1. Grant of Right of Way. The Nisga'a Nation hereby grants a right of way to British Columbia for the secondary provincial road right of way areas described in Schedule A attached to this Grant of Right of Way.

2. Incorporation by Reference. This Grant of Right of Way incorporates by reference all provisions of the Roads and Rights of Way Chapter of the Nisga'a Final Agreement relating to secondary provincial roads and rights of way for those roads.

3. Other provisions.

  • Notice. Any notice required under this Grant of Right of Way:
    • must be in writing;
    • must be delivered to the address set out above, or to another address specified in writing by a party; and
    • may be given in one or more of the following ways:
      • delivered personally or by courier, and it will be deemed to be received on the next business day;
      • delivered by fax, and it will be deemed to be received on the next business day; or
      • mailed by pre-paid post in Canada, and it will be deemed received on the eighth business day following.
  • Runs with the Land. This Grant of Right of Way runs with and binds the Nisga'a Lands, to the extent reasonably necessary to give full force and effect to this Grant.
  • Interpretation. In this Grant of Right of Way:
    • all attached schedules form an integral part of this Grant;
    • headings are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of this Grant.

In Witness Whereof the parties have duly executed this Agreement, as of the date first referred to above.

Nisga'a Nation

Per:____________________

Per:____________________

Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Transportation and Highways

Per:____________________

Per:____________________

Schedule A - Description of Secondary Provincial Road Right of Way Areas

Document 2: Grant of Private Road Easement

This Agreement is dated ____________________ , __________

Between:

 

 

 

 

And:

 

[Nisga'a Nation or Nisga'a Village], of

(To be Determined on Execution)

[insert address]

(the "Owner")

 

of ________________________________________

[insert address]

(the "Grantee")

1. Definitions

"Grantee's Property" means the lands described in Schedule A attached to this Agreement.

"Easement Area" means that portion of the Servient Lands as described in Schedule B attached to this Agreement.

"Security" means the security for the performance of the Grantee's obligations as set out in paragraph 11 in the amount of $__________________.

"Servient Lands" means the lands described in Schedule B attached to this Agreement.

"Special Conditions" means the conditions, if any, set out in Schedule C attached to this Agreement.

2. Rights and Privileges on Easement Area

By this Agreement the Owner grants to the Grantee, and its invitees, permittees, representatives, employees, and agents, their heirs, executors, administrators and assigns, the full, free and uninterrupted easement, right and liberty over the Easement Area to enter on and use the Easement Area for the purpose of constructing and maintaining (including trimming or removing trees and vegetation) a road and using the Easement Area as a road to give pedestrian and vehicular access to the Grantee's Property.

3. Duration

This Easement is appurtenant to the Grantee's Property and passes with a conveyance or other disposition of the estate in fee simple of the Grantee's Property, and is binding on the Servient Lands.

4. Annual Fee

The Grantee will pay the Owner an annual fee in advance in the amount of $________ to cover the Owner's costs of administering this Agreement.

5. Covenant

The obligation of the Grantee in this Agreement constitutes both contractual obligations and covenants under Section 219 of the Land Title Act in respect of the Grantee's Property and runs with the Grantee's Property and binds successors in title.

6. Non Exclusive Use

This Agreement will not entitle the Grantee to exclusive possession of the Easement Area and the Owner reserves the right to grant other dispositions of the Easement Area so long as the grant does not impair the Grantee's permitted use of the Easement Area.

7. Covenants of the Grantee

The Grantee covenants with the Owner:

  • to pay the annual fee as described in paragraph 4 at the address of the Owner set out above or at such other place as the Owner may specify under paragraph 14;
  • to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged which relate to the Easement Area or any of the Grantee's improvements on the Easement Area which the Grantee is liable to pay;
  • to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority, including an Owner government, in any way affecting the Easement Area and improvements situate thereon, or their use and occupation;
  • not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Easement Area or do or suffer to be done thereon by its invitees, permittees, representatives, employees, or agents, or anyone for whom the Grantee is responsible at law, anything that may be or becomes a nuisance;
  • not to bury debris or rubbish of any kind on the Easement Area;
  • not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Easement Area, or anything that may be or become a nuisance or annoyance to the Servient Lands;
  • to deliver to the Owner from time to time, upon demand, proof of insurance required under this Agreement, receipts or other evidence of payment of any taxes or charges owning, and other monetary obligations of the Grantee required to be observed by the Grantee pursuant to this Agreement;
  • to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:
    • any breach, violation or non-performance of any covenant, condition or obligation under this Agreement by the Grantee; and
    • any personal injury, death, or property damage, arising out of the Grantee's use or occupation of the Easement Area under this Agreement,

      and the Owner may add the amount of any losses, damages, costs and liabilities to the fees payable under paragraph 4, and the amount added will be payable to the Owner immediately.
  • to keep the Easement Area in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Easement Area or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the Grantee;
  • to permit the Owner or its authorized representative to enter upon the Easement Area at any time to examine its condition;
  • to use and occupy the Easement Area in accordance with the provisions of this Agreement including the Special Conditions, if any, set out in Schedule C;
  • on the expiration or at the earlier cancellation of this Agreement:
    • to quit peaceably and deliver possession of the Easement Area to the Owner;
    • to de-commission the road, including the removal of any structures or works on the Easement Area, and restore the surface of the Easement Area to the satisfaction of the Owner acting reasonably;

      and to the extent necessary, this covenant shall survive the expiration or cancellation of this Agreement;
  • to obtain and keep in force insurance covering the Owner and the Grantee (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Easement Area to an amount not less than $1,000,000.00;
  • notwithstanding subparagraph (m), the Owner may from time to time, acting reasonably, considering the amount of insurance a prudent owner would carry, require the Grantee to increase the amount of insurance and the Grantee will, within 60 days of receiving the request, obtain the required additional insurance and deliver to the Owner written confirmation of the change;
  • not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Easement Area under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Easement Area, in accordance with paragraph 6; and
  • if the Grantee, or its agents, contractors or representatives, discover any archaeological material on the Easement Area, to take all reasonable steps and precautions to minimize disturbance of that material, and to immediately notify the Owner.
8. Cancellation

Despite any other provision of this Agreement, this Agreement may be cancelled if the Grantee fails or refuses to observe or perform any term in this Agreement, and the failure continues after the Owner gives written notice of the failure to the Grantee for a period of:

  • 30 days; or
  • 150 days, if the failure because of its nature reasonably requires more than 30 days to cure, and provided that the Grantee proceeds diligently and continuously to cure the failure

then the Owner may by further written notice to the Grantee cancel this Agreement and despite paragraph 7 (l), any fixtures to the Easement Area will, at the discretion of the Owner, become the property of the Owner.

9. Relocation of Easement Area

If the Owner requires the Easement Area for another purpose, the Owner may, on 180 days written notice to the Grantee and in consultation with the Grantee:

  • at its cost locate and construct an alternate road providing access to the Grantee's Property to a standard at least equivalent to the original road;
  • grant a replacement Agreement for the alternate road on the same terms as this Agreement; and
  • by further written notice to the Grantee cancel this Agreement;

    and on cancellation the Grantee will quit peaceably and deliver possession of the Easement Area, except that the Grantee may, at its election, within 60 days of the cancellation, or such longer time as reasonably required, remove any fixtures from the Easement Area, but the Grantee will not be required to comply with paragraph 7 (l) (ii).
10. Third Party Notice

The Owner will not dispose of, or agree to dispose of, the Servient Lands without first notifying any intended purchaser of the existence of this Agreement.

11. Ownership of Commercially Valuable Timber

All timber of commercial value on the Easement Area will remain the property of the Owner.

12. Security

The Grantee will deliver the Security to the Owner within 30 days of the commencement of this Agreement, and in any event prior to the Grantee's use of the Easement Area, as security for the performance of the Grantee's obligations under this Agreement, and the following will apply:

  • the Grantee will maintain the Security in full until the later of:
    • the termination of this Agreement; or
    • the complete fulfillment of all of the Grantee's obligations under this Agreement;
  • if the Grantee defaults in the performance of any of its obligations under this Agreement, the Owner may, in its sole election, draw on and use the Security to reimburse the Owner for all reasonable costs and expenses, including legal and other professional services costs if any, caused by or arising out of the Grantee's breach, and in the event of a call on the Security the Grantee will, as a condition of the continuation of this Agreement, immediately pay to the Owner the amount of the draw so that the full amount of the Security is available.
13. Disputes

Any dispute arising out of or in connection with this Agreement will be resolved as follows:

  • the parties will attempt to resolve disputes by good faith negotiations, including timely disclosure of all relevant facts, information and documents;
  • either party may, at any time, by written notice request that the dispute be referred to mediation, conducted by a mediator, knowledgeable about the matters in dispute;
  • if the dispute is not resolved within 30 days of the notice to mediate under subparagraph (b) then, on the agreement of both parties, the dispute may be referred to a single arbitrator for final resolution. If the parties do not agree to arbitration then either party may refer the matter to the courts;

except that it is not incompatible with this paragraph for a party to apply to a court at any time for interim or conservatory relief, and for the court to grant that relief.

14. Notice

If notice is required or permitted under this Agreement, the notice:

  • must be in writing;
  • must be delivered to the address set out above, or other address as specified in writing by a party; and
  • may be given in one or more of the following ways:
    • delivered personally or by courier, and it will be deemed received on the next business day;
    • delivered by fax, and it will be deemed received on the next business day; or
    • mailed by pre-paid post in Canada, and it will be deemed received on the eighth business day following.
15. Waiver and Consent

A breach of any term, condition, covenant or other provision of this Agreement may only be waived in writing, and any waiver will not be construed as a waiver of any subsequent breach. Consent to or approval of any act, where consent or approval is required under this Agreement, will not be construed as consent to or approval of any subsequent act.

16. Remedies

No remedy set out in this Agreement is exclusive of any other remedy provided by law, but will be in addition to any other remedy existing at law, in equity, or by statute.

17. Enurement

The terms and provisions of this Agreement shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

18. Interpretation

In this Agreement:

  • all attached schedules form an integral part of this Agreement;
  • unless the context otherwise requires, the singular includes the plural and the masculine include the feminine gender, body politic and a corporation;
  • the headings are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the Agreement;
  • a reference to an enactment of British Columbia or of Canada will be deemed to include a reference to any subsequent amendments or replacements; and
  • if any provision is determined by a court or arbitrator of competent jurisdiction to be illegal or unenforceable, that provision will be considered separate and severable, and the legality or enforceability of the remaining provisions will not be affected by that determination.

In Witness Whereof the parties have duly executed this Agreement, as of the date first referred to above.

Nisga'a Nation

Per:____________________

Per:____________________

Grantee

Per:____________________

(authorized signatory of Grantee)

Schedule A: Description of Grantee's Property

 

Schedule B: Description of Both Servient Lands and Easement Area

 

Schedule C: Special Conditions

 

Document 3: Grant of Right of Way for Access Roads to British Columbia Hydro and Power Authority

This Agreement is dated ____________________ , __________

Between:

 

Nisga'a Nation, of

[insert address]

(Nisga'a Nation)

 

British Columbia Hydro and Power Authority,
continued under the Hydro and Power Authority Act, RSBC 1996, c. 212

[insert address]

("Hydro")

Whereas:

  • The Nisga'a Nation, Canada and British Columbia have entered into the Nisga'a Final Agreement.
  • The Nisga'a Nation wish to grant to Hydro rights on Nisga'a Lands for certain roads existing on Nisga'a Lands on the effective date.

Therefore for good and valuable consideration the Nisga'a Nation and Hydro agree as follows:

1. Definitions

"BC TEL" means BC TEL, and its successors and assigns.

"Final Agreement" means the Nisga'a Final Agreement between the Nisga'a Nation, Canada and British Columbia.

"Hydro Access Roads" means trails or roads that provide access to a Hydro right of way or works, including surfacing, bridges, drainage and support works, and other works required to maintain the integrity of the travelled surface.

"Hydro Access Road Areas" means those portions of Nisga'a Lands as described in Schedule A attached to this Agreement.

"Hydro Purposes" means the transmission and distribution of electric energy and telecommunications.

2. Relationship to Final Agreement

This Agreement is made under the Final Agreement, and defined terms in the Final Agreement will have the same meaning in this Agreement.

3. Rights on Hydro Access Road Areas

The Nisga'a Nation grants to Hydro, and its employees, representatives, agents, contractors, licensees and assignees, the full, free and uninterrupted right, liberty and right of way, as follows:

  • to construct, operate, maintain, repair, alter, upgrade, remove and replace Hydro Access Roads, and remove and trim trees, vegetation and obstructions, on the Hydro Access Road Areas;
  • to install, maintain and use gates in all fences constructed by others which are now or hereafter shall be on the Hydro Access Road Areas;
  • to pass and repass over the Hydro Access Road Areas with or without equipment, machinery and materials as reasonably required by Hydro; and
  • to generally do all acts or things necessary in connection with the foregoing.
4. Non Exclusive Use

This Agreement will not entitle Hydro to exclusive possession of the Hydro Access Road Areas or other parts of the Nisga'a Lands and the Nisga'a Nation reserves the right to grant other dispositions of the Hydro Access Road Areas so long as the grant does not materially affect the exercise of Hydro's rights under this Agreement.

5. Duration

In respect of a Hydro Access Road Area, the rights, liberties and rights of way granted under this Agreement are for so long as required and will terminate, without compensation to Hydro, when:

  • the Hydro right of way that the Hydro Access Road Area serves terminates; or
  • Hydro no longer requires the Hydro Access Road Areas, and:
    • Hydro gives 90 days written notice to the Nisga'a Nation; or
    • the Nisga'a Nation gives 90 days written notice to Hydro.
6. Work Plans For Hydro Access Roads

Except in an emergency, Hydro will provide to the Nisga'a Nation a written work plan describing proposed work on or related to a Hydro Access Road Area prior to undertaking the construction or development of any Hydro Access Road. Hydro will provide the work plan in time to afford the Nisga'a Nation the opportunity to comment, and Hydro will use reasonable efforts to accommodate any suggestions or requests presented by the Nisga'a Nation provided they do not result in significant increased costs.

7. Protection of the Environment

Hydro will undertake activities permitted under this Agreement having regard for the impact on the environment, and will take prudent measures to minimize damage or disruption to the environment.

8. Entry on Nisga'a Lands outside the Hydro Right of Way Areas

Hydro, and its employees, representatives, agents, contractors, licensees and assignees, may enter onto Nisga'a Lands outside the Hydro Access Road Areas for the purpose of undertaking works to protect Hydro Access Roads, or to protect persons and property, as follows:

  • Hydro will before commencing any work deliver a written work plan describing the effect and extent of the proposed work on Nisga'a Lands to the Nisga'a Nation for approval;
  • the Nisga'a Nation will not unreasonably withhold approval of the work plan, considering the effect of the proposed work, including the cost of the proposed works compared to the cost of alternate solutions, the extent of the risk of not undertaking the work, and the impact on the Nisga'a Lands. If Hydro and the Nisga'a Nation cannot agree on a work plan requested by Hydro within 30 days of receipt by the Nisga'a Nation of the proposed work plan, then either party may refer the disagreement to dispute resolution under Paragraph 14 of this Agreement;
  • Hydro will minimize the damage to and time spent on Nisga'a Lands;
  • Hydro will pay fair compensation, as defined in the Final Agreement, for any interference with or damage to adjacent Nisga'a Lands.

Notwithstanding other provisions of this paragraph or this Agreement, in an emergency Hydro may undertake works and take steps on Nisga'a Lands as are reasonably required to be taken immediately in order to protect Hydro Access Roads, and in that event Hydro will as soon as reasonably possible notify the Nisga'a Nation in writing.

9. Relocation of Hydro Access Road Areas

If the Nisga'a Nation requires a portion of a Hydro Access Road Area for another purpose, then upon request by the Nisga'a Nation, Hydro will relocate any Hydro Access Road Area, including the related Hydro Access Road, to a new location as follows:

  • the relocation will proceed only if the new location is reasonably suitable for use for a Hydro Access Road considering construction, maintenance and operation and costs; and
  • the Nisga'a Nation will give reasonable notice to permit design, planning and construction of the Hydro Access Road to be relocated; and
  • the Nisga'a Nation will pay all reasonable costs, including costs of design, supervision and construction.

The Nisga'a Nation will extend a Hydro Access Road Area as reasonably required, so that the extended Hydro Access Road Area has similar priority over other charges and encumbrances as the original. When a portion of a Hydro Access Road Area is relocated, then the Hydro Access Road Area for the portion that is abandoned will be terminated.

10. Indemnity

Hydro will indemnify and save harmless the Nisga'a Nation from and against all losses, damages, costs, liabilities, claims, expenses, and suits, including fees of solicitors and other professional advisors, arising out of:

  • any breach, violation or non-performance by Hydro of any of Hydro's covenants, conditions or obligations under this Agreement; and
  • any personal injury, death, or property damage, including environmental damage, occurring on or to Nisga'a Lands arising from Hydro's use or occupation of Nisga'a Lands under this Agreement,

but not for any claims based on nuisance or the rule in Rylands v Fletcher unless Hydro was negligent.

11. Covenants of Hydro

Hydro covenants with the Nisga'a Nation:

  • to pay compensation to the Nisga'a Nation for any damage to buildings, crops (except for trees in the Hydro Access Road Areas), livestock, drains, ditches, culverts, fences, trails, bridges, roads and fruit, nut or ornamental trees caused by Hydro;
  • despite subparagraph (a), to pay compensation to its owner, in accordance with generally accepted principles of timber valuation, for all merchantable timber cut or damaged by Hydro on Nisga'a Lands on or adjacent to the Hydro Access Road Areas, and the parties agree that, on payment, title to any timber cut on the Nisga'a Lands under this Agreement vests in Hydro;
  • to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged to the account of Hydro which relate to the Hydro Access Road Areas and which Hydro is liable to pay;
  • to keep the Hydro Access Road Areas in a safe, clean and sanitary condition to the extent the condition relates to Hydro's use or occupation, and on written notice from the Nisga'a Nation to make safe, clean and sanitary any portion of the Hydro Access Road Areas that contravene the provisions of this covenant, provided that Hydro has no obligation to keep the Hydro Access Roads suitable for use by anyone except Hydro;
  • not to disturb or interfere with any survey monuments, bars or iron pins located on the Nisga'a Lands including the Hydro Access Road Areas;
  • not to bury debris or rubbish of any kind on Nisga'a Lands in excavations or backfill, and to remove shoring and similar temporary structures as backfilling proceeds;
  • to bury and maintain all underground works as may be required so as not to unduly interfere with the drainage of Nisga'a Lands;
  • not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Hydro Access Road Areas, or anything that may be or become a nuisance or annoyance to the owners of the Nisga'a Lands, except to the extent necessary to carry out any of the matters under this Agreement;
  • to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent governmental authority which relate to the Hydro Access Road Areas;
  • to permit the Nisga'a Nation to enter upon the Hydro Access Road Areas at any time to examine its condition;
  • if for any reason this Agreement terminates with respect to a portion of the Hydro Access Road Areas, to:
    • quit peaceably that portion of the Hydro Access Road Areas; and
    • decommission any Hydro Access Roads on, and restore the surface of, that portion of the Hydro Access Road Areas to a condition to which similar lands are typically restored in British Columbia, unless otherwise agreed to in writing by the Nisga'a Nation and Hydro at the time of restoration;

      and to the extent necessary, this covenant will survive the termination of this Agreement; and
  • if Hydro, or its employees, representatives, agents, contractors, licensees or assignees, discover any archaeological material on the Hydro Access Road Areas, to take all reasonable steps and precautions to minimize disturbance of that material, and to immediately notify the Nisga'a Nation.
12. Covenants of the Nisga'a Nation

The Nisga'a Nation covenants with Hydro:

  • not to use or authorize the use of the Hydro Access Road Areas for any purpose, including the construction of any improvements, that in the reasonable opinion of Hydro would be unsafe or would interfere with Hydro's use of the Hydro Access Road Areas; and
  • not to intentionally do or authorize any act or thing that injures or endangers the Hydro Access Roads.
13. Licence

Hydro will not licence the use of the Hydro Access Road Areas, in whole or in part, without the prior written consent of the Nisga'a Nation provided that:

  • Hydro may grant a licence to BC Tel for the use of the Hydro Access Road Areas without the consent of the Nisga'a Nation;
  • the Nisga'a Nation may attach conditions to its consent to any licence, including the provision of insurance and security, in a form and amount acceptable to the Nisga'a Nation; and
  • no licence will act as a release of any of Hydro's obligations as set out in this Agreement.
14. Disputes

Any dispute arising out of or in connection with this Agreement will be resolved as follows:

  • the parties will attempt to resolve disputes by good faith negotiations, including timely disclosure of all relevant facts, information and documents;
  • either party may, at any time, by written notice request that the dispute be referred to mediation, conducted by a mediator, knowledgeable about the matters in dispute;
  • if the dispute is not resolved within 30 days of the notice to mediate under subparagraph (b) then, on the agreement of both parties, the dispute may be referred to a single arbitrator for final resolution. If the parties do not agree to arbitration then either party may refer the matter to a court of competent jurisdiction

    except that it is not incompatible with this paragraph for a party to apply to a court of competent jurisdiction at any time for interim or conservatory relief and for the court to grant that relief.
15. Notice

If notice is required or permitted under this Agreement, the notice:

  • must be in writing;
  • must be delivered to the address set out above, or other address as specified in writing by a party;
  • may be given in one or more of the following ways:
    • delivered personally or by courier, and it will be deemed received on the next business day;
    • delivered by fax, and it will be deemed received on the next business day; or
    • mailed by pre-paid post in Canada, and it will be deemed received on the eighth business day following.
16. Runs With the Land

This Agreement runs with and binds Nisga'a Lands, to the extent reasonably necessary to give full force and effect to this Agreement.

17. Waiver and Consent

A breach of any term, condition, covenant or other provision of this Agreement may only be waived in writing, and any waiver will not be construed as a waiver of any subsequent breach. Consent to or approval of any act, where consent or approval is required under this Agreement, will not be construed as consent to or approval of any subsequent act.

18. Remedies

No remedy set out in this Agreement is exclusive of any other remedy provided by law, but will be in addition to any other remedy existing at law, in equity, or by statute.

19. Successors and Assigns

The terms and provisions of this Agreement will extend to, be binding upon and enure to the benefit of the parties and their successors and assigns.

20. Interpretation

In this Agreement:

  • all attached schedules form an integral part of this Agreement;
  • unless the context otherwise requires, the singular includes the plural and the masculine include the feminine gender, body politic and a corporation;
  • the headings are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of this Agreement;
  • a reference to an enactment of British Columbia or of Canada will be deemed to include a reference to any subsequent amendments or replacements; and
  • if any provision is determined by a court or arbitrator of competent jurisdiction to be illegal or unenforceable, that provision will be considered separate and severable, and the legality or enforceability of the remaining provisions will not be affected by that determination.

In Witness Whereof the parties have duly executed this Agreement, as of the date first referred to above.

Nisga'a Nation

Per:____________________

Per:____________________

British Columbia Hydro and Power Authority

Per:____________________

Per:____________________

Schedule A - Description of Hydro Access Road Areas

 

Appendix C - 5: Certificates of Possession Issued by Canada on former Nisga'a Indian Reserves on Nisga'a Lands

Interest Holder Legal Description Instrument Registration No.
Gingolx (former Kincolith I.R. 14)
Oliver Melvin Stewart #455 Lot 1, Block 1, Plan 1161 34114 79812
Oliver Melvin Stewart #455 Lot 2, Block 1, Plan 1161 34115 79813
James Henry Robinson #411 Lot 3, Block 1, Plan 1161 34767 81699
Robert Lambert Stewart #111 Lot 4, Block 1, Plan 1161 9006 24233
Sarah K. Barton #26 Lot 5, Block 1, Plan 1161 103977 212875
Alice Rosabelle Benson #31 Lot 6, Block 1, Plan 1161 119591 249559
Reuben Morgan #65 Lot 7, Block 1, Plan 1161 16692 16103
Howard Charles Lincoln #57 Lot 8, Block 1, Plan 1161 3024 24237
Esther Melissa Adams #202 Lot 2, Block 2, Plan 1161 30217 63586
Kenny Fred Moore #982 Lot 5, Block 2, Plan 1161 50599 128887
Mercy Evangeline Robinson #156 Lot 1, Block 3, Plan 1161 32261 72354
Katherine A. Clayton #40 Lot 2, Block 3, Plan 1161 49682 126697
Andrew William Morrison #257
Mitchell Sydney Morrison #70
Lot 3, Block 3, Plan 1161 10516 24313
James Howard Stevens #88 Lot 4, Block 3, Plan 1161 5338 24255
Charles Abraham Stewart #97
(Estate)
Lot 5, Block 3, Plan 1161 11510 24313
Abel Louis Stewart #92
Paul Alfred Stewart #189
(joint tenants)
Lot 6, Block 3, Plan 1161 4734 24257
Philip Rene Watts #471 Lot 7, Block 3, Plan 1161 109176 225459
Stephen (Steven) Geofrey Doolan #258 Lot 8, Block 3, Plan 1161 33791 78596
Lily Eleanor McIntyre #897 Lot 9, Block 3, Plan 1161 46943 118177
Arthur Robert Robinson #417
Ambrose Edward Robinson #156
Marilyn Sarah Robinson #156
Anthony Curtis Robinson #156
(undivided 1/4 interest)
Lot 1, Block 4, Plan 1161 20811
20814
20812
20813
32594
Arnold Stewart #104 -
Pauline Fern Stewart #104
(undivided 1/2 interest)
Lot 2, Block 4, Plan 1161 6634 24405
Hubert Stevens #149 Lot 4, Block 4, Plan 1161 9273 24406
Benjamin Edward Stevens #227
Hubert Emerald Stevens #149
James Stevens #88
Robert Colin Stevens #169
Albert Henry Stevens #179
Peter George Stevens #205
Ray Stevens #447
Larry Allen Stevens #1142
(undivided 1/8th interest)
Lot 5, Block 4, Plan 1161 115061
115062
115063
115064
115065
115066
115067
115068
238738
Henry Yas. Steven (Stephens) #298 Lot 7, Block 4, Plan 1161 50430 128567
Lily Eleanor McIntryre #897 Lot 8, Block 4, Plan 1161 49385 125972
Perry Cecil George Barton #153
(Estate)
Lot A, Block 6, Plan 1161 35802 85165
Albert David Barton #591 Lot B, Block 6, Plan 1161 51054 129952
Percival Desmond Barton #560
(36.92% interest)
Debra Elaine Barton #579
(12.62% interest)
Zelda Marie Barton #199
(12.62% interest)
Leo Brian Barton #199
(12.62% interest)
Claude Nathan Barton #199
(12.61% interest)
Clinton Shannon Barton #199
(12.61% interest)
Lot 1, Block 6, Plan 1161 34971 82422
Marlon Bradford Watts #459 Lot 1A, Block 6, Plan 1161 31116 68394
Arthur Mayard Angus #17 Lot 2, Block 6, Plan 1161 30152 60260
Evelyn Fanny Nelson #76
(Estate)
Lot 3, Block 6, Plan 1161 30757 67194
David George Stewart #781 Lot 4, Block 6, Plan 1161 124852 260621
Larry Melvin Angus #297
Margaret Nellie Massingale #820
Lot 5, Block 6, Plan 1161 119630 249679
Marjorie Charlotte Stewart #162 Lot 6, Block 6, Plan 1161 44455 112472
Charles Max Haines #164 Lot 8, Block 6, Plan 1161 30347 64266
George William Barton #435 Lot 10, Block 6, Plan 1161 37108 89782
Henry William Angus #229 Lot 11, Block 6, Plan 1161 22318 40949
Esther Dorothy Doolan #241 Lot 12, Block 6, Plan 1161 32586 73258
Benson Young #127
(Estate)
Lot 14, Block 6, Plan 1161 3010 24329
George Randolph Moore #387
Christine Arlene Moore #387
(joint tenants)
Lot 1, Block 7, Plan 1161 20088 29536
Eveyln Fanny Nelson #76
(Estate)
James George Alexander #682
Sydney Joshua Alexander #464
Georgina Sarah Barton #24
(each with an undivided interest)
Lot 3, Block 7, Plan 1161 42648 107551
Marietta Joyce Alexander #464 Lot 6, Block 7, Plan 1161 32675 73586
Harold Peter Watts #2 Lot 8, Block 7, Plan 1161 50474 128662
Hubert Max Barton #343
Frederick Edward Barton #22
Godwin Herman Barton #22
(undivided 1/3 interest)
Lot 9, Block 7, Plan 1161 30357 64314
MacDonald Melvin Trimble #309 Lot 1, Block 9, Plan 1161 22597 43561
Mercy Evangeline Thomas #1102
Emily Rose Stevens #88
Sarah Laura Moore #68
Edward George Nelson #75
(joint tenants)
Lot 3, Block 9, Plan 1161 32823 74077
Ramona Stanley (Smythe) #87 Lot 4, Block 9, Plan 1161 3031 24849
Rose Carol Smythe #220
Lavern Joyce Smythe #220
Lot 1, Block 10, Plan 1161 49650 126658
Alfred Lazarus Smythe #222 Lot 2, Block 10, Plan 1161 11979 24333
Laura Myrtle Doolan #48 Lot 1, Block 11, Plan 1161 40830 102919
Laura Myrtle Doolan #48 Lot 2, Block 11, Plan 1161 30831 102920
Rose Carol Smythe #220
Lavern Joyce Smythe #220
Lot 4, Block 11, Plan 1161 49649 126657
Harold Peter Watts #2 Lot 5, Block 11, Plan 1161 4745 24337
Katherine A. Clayton #40 Lot 2, Block 12, Plan 1161 107944 221110
Reuben Morgan #65 Lot 3, Block 12, Plan 1161 6677 24419
Adelia Grace Nelson #75 Lot 1, Block 13, Plan 1161 107997 221380
Thelma Lena Stevens #169 Lot 2, Block 13, Plan 1161 11572 24421
Thelma Lena Stevens #169 Lot 5, Block 13, Plan 1161 105357 215528
Donald S. Doolan #525 Lot 8, Block 13, Plan 1161 40905 103126
Steven Mark Watts #430 Lot 9-1, Block 13, Plan 60904 29215 57974
Steven Mark Watts #430 Lot 9-2, Block 13, Plan 60904 29214 57974
John Edward Stevens #673 Lot 1, Block 14, Plan 1161 123979 259175
Louis John Stewart #105 Lot 2, Block 14, Plan 1161 8491 24442
Emily Venn #118 Lot 4, Block 14, Plan 1161 5588 24438
Raymond Alan Stewart #266 Lot 5, Block 14, Plan 1161 21774 37517
Laura Edith Lincoln #58
Frederick Philip Harris Lincoln #176
(joint tenants)
Lot 6, Block 14, Plan 1161 53541
53542
135092
William Charles Stewart #256 Lot 8, Block 14, Plan 1161 22331 41127
Isaac Benjamin Watts #393 Lot 10, Block 14, Plan 1161 30745 67115
Harold Philip Barton #150 Lot 1, Block 15, Plan 1161 6110 24428
Jessie Josephine Gurney #49 Lot 4, Block 15, Plan 1161 53445 134933
Eugene David Stewart #330 Lot 1, Block 16, Plan 1161 19709 27906
Gingolx (formerly Kincolith I.R. #14A)
Mercy Evangeline Thomas #1102 Lot 1. Plan 1918 RSBC 46716 117570
Mercy Evangeline Thomas #1102 Lot 2, Plan RSBC 2501R 108688 223247
Mercy Evangeline Thomas #1102 Lot 4, Plan RSBC 2501R 108689 223247
Formerly Gitlakdamix I.R. #1
Elsie H. Clayton #23
(Estate)
Lot 1, Block 1, Plan 1163 4400 20978
Marjorie Bright #14
(1/3 interest)
Ben R. Bright #575
(2/18 th interest)
Melvin M. Bright #608
(2/18 th interest)
Wanda V. Bright #421
(2/18 th interest)
Bessie Blackwater #551
(2/18 th interest)
Elinor N. Bright #517
(2/18 th interest)
Charlotte J. Scott #1242
(2/18 th interest)
Lot 3, Block 1, Plan 1163 124177
124178
124179
124180
124181
124182
124183
20977
Martha Munroe #62
(Estate)
Lot 4, Block 5, Plan 1163 4860 20976
Andrew Roger Mercer #290 Parcel 1, Lot 5, Block 5,
Plan 1163
17535 20562
Rachel Haizimsque #42 Lot 11, Block 8, Plan 1163 4862 20975
Oscar Harold Mercer #102 Lot 2, Block 9, Plan 1163 4863 20974
Ellen Davis #26
(Estate)
Lot 1, Block 10, Plan 1163 4871 20949
Norma Grace Varley #1023
Judith Pamela Gonu #195
Karen Sopia Johnson #303
Sharon Alexandria Johnson #309
Lilly Eileen Johnson #1013
Marjery Esther Eli #284
Charlene Louise Johnson #433
Teresa Louanne Johnson #540
Diane Pauline Robinson #538
Albert Curtis Robinson #640
Brian Craig Robinson #670
Melanie Stella Robinson #676
Lot 5, Block 10, Plan 1163 107811
107812
107813
107814
107815
107816
107817
107818
107819
107820
107821
107822
220887
New Aiyansh (formerly New Aiyansh I.R. No. 1)
Edmond Isaac Wright #246 Lot 19-6, Plan 68282 45695 115776
Gitwinksihlkw (formerly Canyon City I.R. No. 7)
Frazer Harry Nice (Nyce) #48 Lot 1, Plan 62995 29153 57633
Minnie Azak #30 Lot 3, Plan 62995 38984 98478
Maurice Alfred Squires #159 Lot 7, Plan 62995 124878 260681
W.C. Azak #75
(Transfer to Gitwinksihlkw band being processed)
Lot 9, Plan 62995 32524 73065
Lawrence Peter Adams #36 Lot 11, Plan 62995 29161 57633
Martha Doris Burton #184
(1/11 th interest)
Agnes Jean Squires #220
(1/11 th interest)
Phyllis Marjorie Cheecham #227
(1/11 th interest)
Jerry Edward Azak #41
(1/11 th interest)
Perry Lloyd Azak #46
(2/11 th interest)
Herbert Wayne Azak #71
(1/11 th interest)
Arnold Ross Azak #79
(2/11 th interest)
Josephine Karen Azak #87
(2/11 th interest)
Lot 12, Plan 62995
107669

107670

107671

107672

107673

107674

107675

107676

220274
Grace Azak #5 Lot 18, Plan 62995 32990 74503
Virginia Stella Azak #35
Jacob Dennis Gary #56
(Estate)
Lot 20, Plan 62995 30348 64268
Chester Earle Nyce #66 Lot 22, Plan 62995 29850 61642
Alice Azak #6 Lot 24, Plan 62995 29170 57633
Alvin Jonathan Azak #52 Lot 27, Plan 62995 29172 57633
(Note: Bracketed spellings are correct and have been agreed upon by the parties.)

Appendix C - 6: Persons with an Interest Authorized by Band Council Resolution on former Nisga'a Indian Reserves on Nisga'a Lands

Homeowner Member Name Member Band No. Home Location
Gitwinksihlkw Village
Steven C. Azak Sr. 6790004501 Lot 5, Plan 62995
Joshua W. Azak 6790003301 Lot 6, Plan 62995
Irene A. Griffin 6790015501 Lot 8, Plan 62995
Peter R. Squires Sr. 6790014601 Lot 15, Plan 62995
Bruce J. Haldane Sr. 6790004901 Lot 17, Plan 62995
Henry Azak 6790003901 Lot 19, Plan 62995
Bert C. Azak 6790013201 Lot 21, Plan 62995
Chester E. Nyce 6790006601 Lot 22, Plan 62995
Alice Azak 6790000602 Lot 24, Plan 62995
Arnold Azak 6790007901 Lot 25, Plan 62995
Fred A. Azak 6790006101 Lot 26, Plan 62995
Alvin J. Azak 6790005201 Lot 27, Plan 62995
Pheobe Azak 6790002902 Lot 1-new, Plan
Rodney Moore 6790008501 Lot 2 new, Plan
Lavinia Azak 6790012202 Lot 3 new, Plan
Mark R. Azak 6790006401 Lot 4 new, Plan
Jerry Azak 6790004101 Lot 5 new, Plan
Arthur Nyce 6790007301 Lot 6 new, Plan
Collier H. Azak 6790004701 Lot 7 new, Plan
P. Norman Squires Jr. 6790024401 Lot 12 new, Plan
Silas Azak 6790009001 Lot 13 new, Plan
Dennis Nyce 6790009601 Lot 18 new, Plan
R. Allan Azak 6790011801 Lot 20 new, Plan
Alice Nyce 6790016201 Lot 21 new, Plan
William J. Azak 6790011001 Lot 22 new, Plan
Leonard F. Squires 6790016001 Lot 23 new, Plan
T. Ron Nyce 6790005701 Lot 24 new, Plan
J. Clifford Azak Sr. 6790008901 Lot 25 new, Plan
Perry Azak 6790004601 Lot 26 new, Plan
Bruce L. Azak 6790011501 Lot 27 new, Plan
Arthur R. Azak 6790004201 Lot 28 new, Plan
George Morgan 6790003201 Lot 29 new, Plan
Steven Bolton Sr. 6790008101 Lot 30 new, Plan
Dorothy Doolan 6790011401 Lot 31 new, Plan
Harry Nyce Jr. 6790014401 Lot 34 new, Plan
Village of Kincolith
Albert A. Nelson 6710046101 Lot 9 Block 1, Plan 1161
G.V.G. Rental   Lot 1 Block 2, Plan 1161
Esther Adams 6710020202 Lot 2 Block 2, Plan 1161
Band Owned   Lot 3 Block 2, Plan 1161
Band Owned   Lot 4 Block 2, Plan 1161
William Watts Sr. 6710026801 Lot 6 Block 2, Plan 1161
Larry Angus 6710029701 Lot 3 Block 4, Plan 1161
Maintenance Department   Lot 6 Block 4, Plan 1161
S.E.P. Office   Lot 6 A Block 4, Plan 1161
Henry Stephens 6710029801 Lot 7 Block 4, Plan 1161
Lily McIntyre/Doolan 6710089701 Lot 8 Block 4, Plan 1161
GVFB Fire Hall   Lot 9 Block 4, Plan 1161
Mission House   Lot 1 Block 5, Plan 1161
Christ Church   Lot 1 Block 5, Plan 1161
G.V.G./TV Com. Cabin   Lot 0 Block 6, Plan 1161
G.V.G./Band Owned   Lot 7 Block 6, Plan 1161
G.V.G./Band Owned   Lot 9 Block 6, Plan 1161
William Stanley 6710153401 Lot 13 Block 6, Plan 1161
Reuben Morgan 6710006501 Lot 2 Block 7, Plan 1161
School District #92   Lot 4 Block 7, Plan 1161
School District #92   Lot 4 Block 7, Plan 1161
School District #92   Lot 5 Block 7, Plan 1161
School District #92   Lot 5 Block 7, Plan 1161
Arnold Angus 6710066101 Lot 7 Block 7, Plan 1161
New Hall Complex   Lot 1 Block 8, Plan 1161
New Hall Complex   Lot 2 Block 8, Plan 1161
G.V.G.   Lot 3 Block 8, Plan 1161
Rita Barton/Doolan 6710069001 Lot 2 Block 9, Plan 1161
Ramona Smythe Hotel   Lot 4 Block 9, Plan 1161
Teddy Venn Sr. 6710041501 Lot 3 Block 10, Plan 1161
Gene Alexander 6710049301 Lot 3 Block 11, Plan 1161
Gerald Doolan 6710038501 Lot 6 Block 11, Plan 1161
G.V.G./Band Owned   Lot 7 Block 11, Plan 1161
NVHB Health Centre   Lot 1 Block 12, Plan 1161
Nurse's Residence   Lot 1 Block 12, Plan 1161
G.V.G./Rental   Lot 3 Block 13, Plan 1161
Education Department   Lot 3 Block 13, Plan 1161
Gingolx Village Government   Lot 4 Block 13, Plan 1161
Andrew Morrison 6710025701 Lot 6 Block 13, Plan 1161
SD 92/Teacherage   Lot 7 Block 13, Plan 1161
School District #92   Lot 10 Block 13, Plan 1161
School District #92   Lot 11 Block 13, Plan 1161
School District #92   Lot 12 Block 13, Plan 1161
School District #92   Lot 13 Block 13, Plan 1161
Esther Aksidan 6710000302 Lot 14 Block 13, Plan 1161
Alvin Nelson 6710036502 Lot 15 Block 13, Plan 1161
Stuart Doolan 6710031001 Lot 3 Block 14, Plan 1161
Priscilla S/James Stevens 6710089001/
6710008802
Lot 7 Block 14, Plan 1161
Steven Doolan Sr. 6710025801 Lot 9 Block 14, Plan 1161
G.V.G./Band Owned   Lot 2 Block 15, Plan 1161
G.V.G./Band Owned   Lot 3 Block 15, Plan 1161
Marietta Robinson 6710024402 Lot 5 Block 15, Plan 1161
G.V.G./Band Owned   Lot 2 Block 16, Plan 1161
Roger Watts 6710021301 Lot 1 Block 17, Plan 1161
Alvin Smart 6710062201 Lot 2 Block 17, Plan 1161
G.V.G./Rental   Lot 3 Block 17, Plan 1161
Chester Gurney 6710027601 Lot 4 Block 17, Plan 1161
New Church Army   Lot 5 Block 17, Plan 1161
New Church Army   Lot 6 Block 17, Plan 1161
Thomas Sheehan/CMHC   Lot 7 Block 17, Plan 1161
R.C.M.P. Office   Lot 8 Block 17, Plan 1161
Harry Moore Sr./CMHC 6710027001 Lot 9 Block 17, Plan 1161
Morrice Pond 6710027001 Lot 10 Block 17, Plan 1161
Mary Stanley 6710069601 Lot 11 Block 17, Plan 1161
Harold Barton Sr. 6710015001 Lot 12 Block 17, Plan 1161
Justina Barton/CMHC 6710075001 Lot 13 Block 17, Plan 1161
James Randy Stevens 6710052201 Lot 14 Block 17, Plan 1161
Kenny Moore 6710098201 Lot 15 Block 17, Plan 1161
Robin Stewart 6710049701 Lot 16 Block 17, Plan 1161
Vernon Stewart Sr. 6710045801 Lot 17 Block 17, Plan 1161
Peggy Venn/CMHC 6710042501 Lot 18 Block 17, Plan 1161
Raymond Stewart Sr. 6710026601 Lot 19 Block 17, Plan 1161
R. Bennett Clayton 6710004101 Lot 20 Block 17, Plan 1161
David Stewart Sr. 6710078101 Lot 21 Block 17, Plan 1161
Linda J. Venn 6710051902 Lot 22 Block 17, Plan 1161
G.V.G./Band Owned   Lot 23 Block 17, Plan 1161
Albert Barton 6710024001 Lot 24 Block 17, Plan 1161
B.C. Tel Trailer   Lot 25 Block 17, Plan 1161
Paul A. Stewart Sr. 6710018901 Lot 26 Block 17, Plan 1161
George Nelson Sr. 6710022901 Lot 27 Block 17, Plan 1161
Emily Louise Dangel 6710078801 Lot 28 Block 17, Plan 1161
Nora Doolan/CMHC 6710078601 Lot 29 Block 17, Plan 1161
Not Safe*   Lot 30 Block 17, Plan 1161
Arthur J. Nelson 6710023001 Lot 31 Block 17, Plan 1161
Kazaan Smythe Sr. 6710057401 Lot 32 Block 17, Plan 1161
Reynold Venn 6710064601 Lot 33 Block 17, Plan 1161
G.V.G./Rental   Lot 34 Block 17, Plan 1161
Yvonne Barton 6710056101 Lot 35 Block 17, Plan 1161
Troy Stewart 6710101301 Lot 36 Block 17, Plan 1161
Willard Lincoln Jr. 6710091501 Lot 37 Block 17, Plan 1161
G.V.G./Band Owned   Lot 38 Block 17, Plan 1161
    Lot 39 Block 17, Plan 1161
G.V.G./Rental   Lot 40 Block 17, Plan 1161
Macdonald C. Stanley 6710099001 Lot 41 Block 17, Plan 1161
William Smythe 6710072701 Lot 42 Block 17, Plan 1161
MacDonald Trimble 6710030901 Lot 43 Block 17, Plan 1161
Steven Doolan Jr. 6710082501 Lot 44 Block 17, Plan 1161
Peter Stevens Jr. 6710057801 Lot 45 Block 17, Plan 1161
Barry Smythe 6710061101 Lot 46 Block 17, Plan 1161
Neil Okabe 6810017501 Band owned trailer unit
Richard Lincoln/
D. Maitland
6710035901 Band owned trailer unit
Raymond Stewart Jr. 6710090501 Band owned trailer unit
Myra Barton/Terrance 6710119201 Band owned trailer unit
Neal Barton/Shanna Nelson 6710111301 Band owned trailer unit
Zelda Komurcu 6710121001 Band owned trailer unit
Floyd/Michell Stevens 6710109301 Band owned trailer unit
Priscilla Gurney/
Shawn Barton
6710102601 Band owned trailer unit
Jason Stewart/
Charlene Derrict
6710128401 Band owned trailer unit
Claude Barton Sr. 6710073801 Band owned trailer unit
Darrel/Collette Angus 6710098701 Lot 1 Block 18, Plan 1161
    Lot 2 Block 18, Plan 1161
    Lot 3 Block 18, Plan 1161
Peter Stevens Sr. 6710020501 Lot 4 Block 18, Plan 1161
Randy/Julia Stevens 6710052201 Lot 5 Block 18, Plan 1161
Richard/Wilma Oshea 6710029201 Lot 6 Block 18, Plan 1161
    Lot 7 Block 18, Plan 1161
    Lot 8 Block 18, Plan 1161
    Lot 9 Block 18, Plan 1161
    Lot 10 Block 18, Plan 1161
    Lot 11 Block 18, Plan 1161
Russell/Margo Calder 6710135401 Lot 12 Block 18, Plan 1161
    Lot 13 Block 18, Plan 1161
Lisa/Perry Stevens 6710071301 Lots 14/15 Block 18(Unit1)
April Nelson 6710109101 Lots 14/15 Block 18(Unit 2)
Sally Stephens/Perry Terrel 6710141301 Lots 14/15 Block 18(Unit 3)
Calvin/Cindy Barton 6710047001 Lots 14/15 Block 18(Unit 4)
Marylee Stevens 6710103301 Lots 14/15 Block 18(Unit 5)
Raymond Moore 6710047201 Lots 14/15 Block 18(Unit 6)
Hope Grace Allen 6710084901 Lot 16 Block 18, Plan 1161
Susan Trimble 6710030902 Lot 17 Block 18, Plan 1161
Neal/Shanna Barton 6710111301 Lot 18 Block 18, Plan 1161
Alvin/Gwen Nelson 6710036501 Lot 19 Block 18, Plan 1161
    Lot 20 Block 18, Plan 1161
Evan Henry/Alaura Doolan 6710049001 Lot 21 Block 18, Plan 1161
Neil/Emily Smythe 6710065701 Lot 22 Block 18, Plan 1161
Fraser/Melanie Doolan 6710102901 Lot 23 Block 18, Plan 1161
    Lot 24 Block 18, Plan 1161
Claude/Tanya Barton 6710073801 Lot 25 Block 18, Plan 1161
Kirby/Colette Stephens 6710102801 Lot 26 Block 18, Plan 1161
Rudolph/Alberta Watts 6710050501 Lot 27 Block 18, Plan 1161
Village of Gitlakdamix
Roderick Robinson
Marjorie Robinson
6770011701
6770011702
321, CLSR Plan 73712
Reginald Percival
Mary Percival
6770042601
6770042602
320, CLSR Plan 73712
Brian Tait
Faith Tait
6770039901
6770047301
319, CLSR Plan 73712
Laura Welde 6770077601 318, CLSR Plan 73712
Eric Clayton
Eva Clayton
6770065301
6770044101
317, CLSR Plan 73712
Marjorie Bright 677001402 316, CLSR Plan 73712
Frank Tait
Gail Tait
6770055301
6770071201
315, CLSR Plan 73712
Lorene Plante 6770074901 314, CLSR Plan 73712
Veronica Eli 6770056101 313, CLSR Plan 73712
Frank Gosnell
Kate Gosnell
6770068501
6770072301
312, CLSR Plan 73712
Bertram Gonu
Leona Gonu
6770045401
6770061801
279, CLSR Plan 70837
Sybil Nisyok 6770053602 278, CLSR Plan 70837
Hubert Doolan
Evangeline Doolan
6770035401
6770035402
277, CLSR Plan 70837
Theodore Gosnell
Lisa Gosnell
6770058601
6770071301
276, CLSR Plan 70837
Bruce Adams
Esther Adams
6770042301
6770042302
275, CLSR Plan 70837
Donald Adams
Patricia Adams
6770014001
6770014002
274, CLSR Plan 70837
Georgina Harris 6770080801 273, CLSR Plan 70837
Floyd Davis
Anita Davis
6770035901
6770035902
272, CLSR Plan 70837
Vernon Eli
Sheila Eli
6770036301
6770036302
271, CLSR Plan 70837
James Adams 6770000701 270, CLSR Plan 70837
Russell Morven
Monica Morven
6770045501
6770059401
339, CLSR Plan 75000
William E. Tait 6770010301 338, CLSR Plan 75000
Violet Guno 6770004002 337, CLSR Plan 75000
Joseph Gosnell
Adele Gosnell
6770014801
6770014802
336, CLSR Plan 75000
Calvin Morven
Charlene Morven
6770037601
6770037602
335, CLSR Plan 75000
Allen Clayton
Myrtle Clayton
6770020501
6770020502
334, CLSR Plan 75000
Erma Gosnell 6770110101 333, CLSR Plan 75000
Bertie T. Adams
Elizabeth Adams
6770015901
6770015902
332, CLSR Plan 75000
Ida Peal 6770007502 330, CLSR Plan 75000
Dorothy Elliot 6770062901 329, CLSR Plan 75000
Carl Johnson
Greta Johnson
6770034401
6770057801
328, CLSR Plan 75000
Alver Tait
Lillian Tait
6770071801
6770021902
327, CLSR Plan 75000
George Jr. McMillan
Yvette McMillan
6770052601
6770099701
326, CLSR Plan 75000
Thomas Clayton
Donna Clayton
6770022801
6770022802
325, CLSR Plan 75000
Earl Munroe
Margo Munroe
6770040201
6770040202
324, CLSR Plan 75000
Melvin Robinson
Rosie Robinson
6770019601
6770019602
280, CLSR Plan 70837
Richard Azak
Angela Azak [Robinson]
6770055401
6770076501
281, CLSR Plan 70837
Josephine Casey 6770087101 282, CLSR Plan 70837
Louise Martian 6770073001 283, CLSR Plan 70837
Patrick McMillan
Phyllis McMillan
6770006901
6770006902
284, CLSR Plan 70837
Edgar Guno
Doreen Guno
6770044601
6770044602
291, CLSR 70837
Reuben Gonu
Charlotte Gonu
6770054101
6770063201
264, CLSR Plan 70011
William Clayton
Lynne Clayton
6770047901
6770047902
265, CLSR Plan 70011
Christopher Clayton
Sarah Clayton
6770002001
6770002002
266, CLSR Plan 70011
Shirley Morven 6770106901 267, CLSR Plan 70011
George Sr. McMillan
Verna McMillan
6770013301 259, CLSR Plan 70011
Leonard Moore
Ferdillia Moore
6770049201
6770029202
260, CLSR Plan 70011
Annie Morven 6770005602 261, CLSR Plan 70011
Alvin Clayton 6770053101 262, CLSR Plan 70011
Edward McMillan
Teresa McMillan
6770029201
6770029202
255, CLSR Plan 70011
Wayne Nisyok
Gloria Nisyok
6770038401
6770038402
254, CLSR Plan 70011
Cuthbert Munroe
Edith Munroe
6770026401
6770026402
253, CLSR Plan 70011
Keith Tait
Marilyn Tait
6770032501
6770032502
237, CLSR Plan 69298
Currie Gosnell
Stacey Gosnell
6770044701
6770075401
236, CLSR Plan 69298
Oscar Mercer 6770010201 229, CLSR Plan 67309
Cecil Mercer 6770021901 235, CLSR Plan 69298
Gerald Nisyok
Teresa Louanne Johnson
6770041001
6770054001
234, CLSR Plan 69298
Claude Morven
Cora Morven
6770024301
6770024302
233, CLSR Plan 69298
Dan Gonu Jr. 6770093001 292, CLSR Plan 70837
Ruby Parenteau 6770084601 293, CLSR Plan 70837
Frank Adams 6770033401 294, CLSR Plan 70837
Elaine Barton 6770056502 230, CLSR Plan 67309
Rebecca Adelaide Tait 6770064501 221
Donald Haizimsque
Jean Haizimsque
6770023501
6770023502
298, CLSR Plan 70837
Gary Davis
Colleen Davis
6770029101
6770029102
299, CLSR Plan 70837
Isaac Guno
Trudy Guno
6770040601
6770040602
300, CLSR Plan 70837
Ben Sr. Gonu
Barb Gonu
6770023601
6770023602
301, CLSR Plan 70837
Ben Gosnell 6770079101  
Felix Davis
Elizabeth Davis
6770002401
6770002402
 
Keith Woods 6770060901 32, CLSR Plan 55248
Lily Johnson 6770101301 33, CLSR Plan 55248
Cecil Morven
Josephine Morven
6770006101
6770006102
34, CLSR Plan 55248
Alfred Jr. Johnson
Donna Johnson
6770061101
6770059801
35, CLSR Plan 55248
Floyd Percival
Mildred Percival
6770038501
6770038502
36, CLSR Plan 55248
Reynold Davis 6770002801 37, CLSR Plan 55248
Valerie Davis 6770084201 38, CLSR Plan 55248
Clifford Jr. Percival
Christina Percival
6770091901
6770082401
39, CLSR Plan 55248
Sharlene Lacroix 6770097501 171, CLSR Plan 63206
Emily Mercer 6770005002 1 - 1, CLSR Plan 70837
Dan Gonu Sr. 6770019501 1 -2, CLSR Plan 70837
Peter Clayton
Roberta Clayton
6770011901
6770011902
311, CLSR Plan 70837
Howard Grandison
Mary Grandison
6770048101
6770048102
3, CLSR Plan 55248
Lonny Stewart
Maryann Adams
6770064701
6770089601
4, CLSR Plan 55248
Sarah Haizimsque 6770004502 5, CLSR Plan 55248
Pauline Johnson 6770028001 6, CLSR Plan 55248
Sidney Eli
Rena Eli
6770003201
6770003202
11, CLSR Plan 55248
Ron & Lorna Davis 6770026701 & 6770026702 12, CLSR Plan 55248
Chester Haizimsque
Elizabeth Haizimsque
6770020201
6770020202
13, CLSR Plan 55248
Edith Guno 6770003702 10, CLSR Plan 55248
Emily Guno 6770004102 9, CLSR Plan 55248
Joseph Grandison
Pauline Grandison
6770003401
6770003402
8, CLSR Plan 55248
Freda Morven 6770005802 7, CLSR Plan 55248
Roy Adams
Selina Adams
6770011001
6770011002
18, CLSR Plan 55248
Phillip Azak
Cecilia Azak
6770034601
6770034602
17, CLSR Plan 55248
Gustave Raymond Guno 6770023301 15, CLSR Plan 55248
Hubert McMillan 6770006801 23, CLSR Plan 55248
Samuel Nisyok
Florence Nisyok
6770021001
6770021002
20, CLSR Plan 55248
Samuel McMillan
Sarah McMillan
6770012101
6770012102
19 -7, CLSR Plan 68282
Mary McMillan 6770007002 27, CLSR Plan 55248
B. Daniel Nisyok 6770010501 26, CLSR Plan 55248
Oliver Woods 6770009401 25, CLSR Plan 55248
Gordon McKay 6770022201 204, CLSR Plan 63206
Leanne Wright 6770088601 203, CLSR Plan 63206
Wilfred Adams
Amelia Adams
6770013701
6770013702
170, CLSR Plan 63206
Sidney Clayton 6770055201 169, CLSR Plan 63206
Irvine Tait
Vivian Tait
6770038701
6770038702
310, CLSR Plan 70837
Ivan Gonu
Wanda Gonu
6770027501
6770027502
306, CLSR Plan 70837
Russell Gonu
June Gonu
6770030601
6770030602
225, CLSR Plan 67309
Ronald Peal 6770025301 226, CLSR Plan 67309
Keith Clayton
Jean Clayton
6770040101
6770040102
228, CLSR Plan 67309
James Douglas Clayton
Cecelia Edna Clayton
6770015201
6770015202
172, CLSR Plan 63206
Stephen Derrick
Mavis Derrick
6770024501
6770024502
173, CLSR Plan 63206
Jacob Davis
Phoebe Davis
6770002702
6770002702
174, CLSR Plan 63206
Harold Wright 6770044301 176, CLSR Plan 63206
Elizabeth Wright 6770044302  
Perry Clayton
Kathleen Clayton
6770028801
6770028802
177, CLSR Plan 63206
Pauline Robinson 6770007802 178, CLSR Plan 63206
James Wright 6770086301 179, CLSR Plan 63206
Ivy Woods 6770009002 180, CLSR Plan 63206
Moses Johnson
Fran Johnson
6770040701
6770040702
243, CLSR Plan 69298
Steven Eli
Denise Eli
6770051201
6770051202
242, CLSR Plan 69298
Gerald Clayton
Roberta Clayton
6770064301
6770064302
241, CLSR Plan 69298
Matthew Steven Clayton 6770035301 240, CLSR Plan 69298
Arthur Johnson
Hope Johnson
6770025001
6770025002
239, CLSR Plan 69298
Robert Blackwater
Bessie Blackwater
6770055101
6770055102
238, CLSR Plan 69298
Gary Tait
Marlene Tait
6770029601
6770029602
251, CLSR Plan 69298
Daphne Robinson 6770060101 250, CLSR Plan 69298
Victor Robinson
Hilda Robinson
6770038601
6770038602
249, CLSR Plan 69298
Trevor Stewart
Yvonne Stewart
6770061001
6770061002
248, CLSR Plan 69298
Annette Peal
(George Peal Jr.)
6770106301 245, CLSR Plan 69298
Edna Tait 6770044901 244, CLSR Plan 69298
Herbert Morven
Nita Morven
6770021201
6770021202
142, CLSR Plan 63206
Samuel Munroe
Kathy Munroe
6770020901
6770020902
141, CLSR Plan 63206
Christine Gosnell 6770013502 140, CLSR Plan 63206
Henry Wright 6770020801 139, CLSR Plan 63206
Max Wright
Elizabeth Wright
6770015801
6770015802
138, CLSR Plan 63206
Myrna Wright 6770108901 137, CLSR Plan 63206
Ethel Munroe 6770006401 130, CLSR Plan 63206
George Gosnell 6770076901 128, CLSR Plan 63206
Edmond Wright
Millicent Wright
6770024601
6770024602
129, CLSR Plan 63206
Jackie Adams 6770073501 136, CLSR Plan 63206
Kelly McMillan
Melinda McMillan
6770018201
6770018202
131, CLSR Plan 63206
Margaret Woods 6770061701 132, CLSR Plan 63206
Percy Tait
Doris Tait
6770008701
6770008702
133, CLSR Plan 63206
Clifford Sr. Percival
Lilac Percival
6770022401
6770022402
134, CLSR Plan 63206
Fred Grandison
Sharlene Grandison
6770051301
6770051302
135, CLSR Plan 63206
Phillip Azak
Cecilia Azak
6770034601
6770034602
342, (Item 1996 10 148)
Glen Nisyok
Andrea Nisyok
6770051901
6770051902
343, (Item 1996 10 148)
Band House   344, (Item 1996 10 148)
Tania Percival 6770099901 345, (Item 1996 10 148)
Ralph Robinson 677 346, (Item 1996 10 148)
Kimberly Munroe
[Thompson]
6770087301 347, (Item 1996 10 148)
Debra Stewart (Clayton) 6770099801 348, (Item 1996 10 148)
Gerald Robinson
Dena Robinson
6770041201
6770041202
350, (Item 1996 10 148)
Terrance Morven
Sharlene Morven
6770032001
6770032002
349, (Item 1996 10 148)
Lauren Peter Adams
Sheila McKay
6770072001
6770071901
351, (Item 1996 10 148)
Fred Clayton
Georgia Clayton
6770063101
6770063102
352, (Item 1996 10 148)
Samuel McMillan
Sarah McMillan
6770012101
6770012102
353, (Item 1996 10 148)
Robert Eli
Claudine Eli
6770088301
6770107001
354, (Item 1996 10 148)
Bernice Grandison 6770064201 355, (Item 1996 10 148)
Godfrey Adams
Mildred Adams
6770000501
6770000502
356, (Item 1996 10 148)
Hugh Woods
Geraldine Woods
6770039501
6770039502
357, (Item 1996 10 148)
James Nicholas Tait
Linda Morven
6770051401
6770058001
359, (Item 1996 10 148)
Bert Mercer 6770052401 363, (No CLSR plan)
Simon Guno
Patricia Guno
6770069701
6770106601
364, (No CLSR plan)
Lyle E. Adams 6770081601 365, (No CLSR plan)
Daniel Gonu
Lisa Gonu
6770093001
6770083201
366, (No CLSR plan)
Patrick Clayton
Sharlene Lacroix
6770063701
6770097501
367, (No CLSR plan)
Joyce Bright 677 368, (No CLSR plan)
Walter Nisyok
Renee Nisyok
6770082501
6770109001
375, (No CLSR plan)
Marianne Mitchell 6770080001 376, (No CLSR plan)
Frank Clayton 6770026501 377, (No CLSR plan)
Brad Percival
Angela Percival
6770060301
677
378, (No CLSR plan)
Charlene Ousey 677 379, (No CLSR plan)
Vincent Johnson
Cheryl Johnson
6770037201
6770037202
380, (No CLSR plan)
Frances Morven 6770017001 382, (No CLSR plan)
Charles Morven 6770026301 383, (No CLSR plan)
Alfred Sr. Johnson
Dorothy Johnson
6770014701
6770014702
386, (No CLSR plan)
Winnie Morven 6770041401 391, (No CLSR plan)
Dan Gonu 6770019501 392, (No CLSR plan)
Loretta Pelletier 6770081001  
Village of Laxgalts'ap
Kenny L. Robinson 6780042701 Lot 1 Block 1
John D. Robinson 6780015701 Lot 2 Block 1
Roy L. McKay 6780028501 Lot 3 Block 1
Stephen A. Moore 6780032301 Lot 4 Block 1
Mary A Moore 6780018102 Lot 5 Block 1
Leon P. Stephens 6780090201 Lot 6 Block 1
Matt Wright 6780118701 Lot 7 Block 1
Gus Sampare 6780023101 Lot 8 Block 1
Lorne Campbell 6780023301 Lot 9 Block 1
LVG Triplex   Lot 1 Block 2
Fred Stephens 6780023001 Lot 2 Block 2
Charlie W. Stephens 6780033301 Lot 3 Block 2
Alvin A. McKay 6780011901 Lot 4 Block 2
Rhonda V. Leeson 6780027502 Lot 5 Block 2
Charles I. Leeson 6780048901 Lot 6 Block 2
Philip J. Stephens 6780033401 Lot 7 Block 2
Melvin C. Stevens 6780036001 Lot 8 Block 2
Bruce K. Stephens 6780033201 Lot 9 Block 2
Horace E. Stevens 6780085601 Lot 10 Block 2
Vacant   Lot 11 Block 2
Sylvia J. Stephens 6780108201 Lot 1 Block 4
Vacant   Lot 2 Block 4
Lorne T. McKay 6780032501 Lot 3 Block 4
Irene P. McKay 6780014502 Lot 4 Block 4
Alexander E. Stephens 6780009001 Lot 5 Block 4
Wallace Clark 6780036801 Lot 6 Block 4
Flora J. Bright 6780031101 Lot 7 Block 4
Milton E. Clark 6780002201 Lot 8 Block 4
Bradley W. Moore 6780045001 Lot 9 Block 4
Lorne A. Ryan 6780089801 Lot 10 Block 4
Mayne K. Stephens 6780047201 Lot 11 Block 4
Clarence B. Stephens 6780015101 Lot 12 Block 4
Henry M. Moore 6780024601 Lot 13 Block 4
Barry F. Stevens 6780033601 Lot 14 Block 4
John W. Tait 6780045901 Lot 15 Block 4
Lawrence R. Stephens 6780044101 Lot 16 Block 4
Earl D. Stephens 6780040901 Lot 17 Block 4
Rosalee J. Vickers 6780049302 Lot 18 Block 4
Fred V. Moore 6780030401 Lot 1 Block 5
LVG Duplex   Lot 2 Block 5
Elsie G. Martin 6780067701 Lot 3 Block 5
Irene Robertson 6780091501 Lot 4 Block 5
Moses G. McKay 6780021301 Lot 5 Block 5
Jacob V. McKay 6780016801 Lot 6 Block 5
Joseph Tait 6780015001 Lot 7 Block 5
Dianna A. Rai 6780094701 Lot 8 Block 5
Ivan J. Moore 6780014301 Lot 9 Block 5
Raymond I. Calder 6780009801 Lot 1 Block 6
Gary B. Stephens 6780023901 Lot 2 Block 6
LVG Rental   Lot 3 Block 6
Donald V. Leeson 6780034501 Lot 4 Block 6
Alan M. McKay 6780032401 Lot 5 Block 6
LVG Rental   Lot 6 Block 6
Vacant   Lot 7 Block 6
Easement   Lot 8 Block 6
Delmer F. Clark 6780054101 Lot 9 Block 6
LVG Duplex   Lot 10 Block 6
LVG Rental Unit   Lot 11 Block 6
Percy M. Stephens 6780030901 Lot 12 Block 6
Vacant   Lot 13 Block 6
Terry Stevens 6780009901 Lot 14 Block 6
Laxgalts'ap Elementary School   Lot 1 Block 7
Vacant   Lot 2 Block 7
Arnold J. Stewart 6780055801 Lot 3 Block 7
Rodney I. Davis 6780051701 Lot 4 Block 7
Lyle M. Stevens 6780040601 Lot 5 Block 7
Morris R. Watts 6780033901 Lot 6 Block 7
Vacant   Lot 7 Block 7
BC Tel Trailer   Lot 8 Block 7
Rennie M. Tait 6780042501 Lot 9 Block 7
Marcus N. Bright 6780022901 Lot 10 Block 7
Perry H. Robinson 6780088401 Lot 11 Block 7
Larry H. Martin 6780024901 Lot 12 Block 7
Erwin L. Alexander 6780087501 Lot 13 Block 7
Louis B. McKay 6780038901 Lot 14 Block 7
Colin A. Moore 6780042401 Lot 15 Block 7
Leonard F.J. Robinson 6780014201 Lot 16 Block 7
Nurse's Trailer   Lot 17 Block 7
Thomas T. Tait 6780056301 Lot 18 Block 7
Vacant   Lot 19 Block 7
Norman A. Stephens 6780035901 Lot 20 Block 7
Reginald E. Sampare 6780094501 Lot 21 Block 7
Alan F. Moore 6780020301 Lot 22 Block 7
Christine McKay 6780006502 Lot 23 Block 7
Clarence C. Robinson 6780020201 Lot 24 Block 7
Frederick W. Tait 6780040301 Lot 1 Block 8
Alfred A. Robinson 6780007101 Lot 2 Block 8
Duane S. McKay 6780066701 Lot 3 Block 8
Arthur G. Moore 6780011601 Lot 4/12 Block 8
Herbert Calder 6780001801 Lot 5/11 Block 8
James McNeil 6780035101 Lot 6/10 Block 8
Wilfred Tait 6780011701 Lot 7 Block 8
Alex A. Angus 6780015601 Lot 8 Block 8
Charlie J. Swanson 6780012801 Lot 9 Block 8
St. Andrew's Church   Lot 1 Block 9
Charles J. Moore 6780025501 Lot 2 Block 9
Katherine Stephens 6780008802 Lot 3 Block 9
Marina J. McKay 6780025802 Lot 4 Block 9
Glen C. Robinson 6780025001 Lot 5 Block 9
Bertram McKay 6780005301 Lot 6 Block 9
Horace M. Stephens 6780038201 Lot 7 Block 9
William A. Moore 6789925201 Lot 8 Block 9
Charles E. Davis 6780036301 Lot 9 Block 9
Irma Innes 6780048202 Lot 10 Block 9
Kenneth R. Davis 6780039701 Lot 11 Block 9
Vacant   Lot 12 Block 9
Charlie S. Watts 6780033801 Lot 13 Block 9
Village of Laxgalts'ap - North Road Cresent Subdivision
Victoria B. Stevens 6780060401 Lot 1
Brenda A. Morrison 6780079301 Lot 2
Matthew H. Moore 6780035401 Lot 3
Reynard H. Moore 6780022601 Lot 4
Hector Gurney 6780015801 Lot 5
Kevin H. McKay 6780039401 Lot 6
Noreen K. Cross 6780040201 Lot 7
Abraham Davis 6780002501 Lot 8
Albert L. Stephens 6780008401 Lot 9
Nurse's Residence   Lot 10
Roderick Maxwell 6780011001 Lot 11
Matthew C. Bright 6780022601 Lot 12
Craig G. McKay 6780051601 Lot 13
Mario O. Stevens 6780054401 Lot 14
Marvin C. Stephens 6780039601 Lot 15
Village of Laxgalts'ap - Cottonwood Court Subdivision
Marie A. Watts 6780094201 Lot 16
Willard A. Martin 6780017301 Lot 17
Karon L. McKay 6780031201 Lot 18
Peter Leeson 6780041901 Lot 19
Harry M. Stephens 6780050101 Lot 20
Currie W. Gurney 6780037901 Lot 21
James W.R. Lincoln 6780091301 Lot 22
Oscar H. Clayton 6780088601 Lot 23
Village of Laxgalts'ap - Highway Drive Subdivision
Lois G.D. McKay 6780041501 Lot 24
Cheryl J. Sampare 6780062701 Lot 25
Village of Laxgalts'ap - Spruce Drive Subdivision
LVG Daycare   Lot 26
Tony C. Stevens 6780054701 Lot 27
Ira A. McKay 6780051101 Lot 28
Barbara L. Davis 6780034102 Lot 29
Brenda E. Stevens 6780037102 Lot 30
Viola C. Robinson 6780031301 Lot 31
Martin J. Robinson 6780066901 Lot 32
Albert M. Stephens 6780066901 Lot 33
Sherry E. Small 6780046201 Lot 34
Vernon Gurney 6780053101 Lot 35
Vincent Robinson 6780065501 Lot 36
Andrew S. McKay 6780057901 Lot 37
Darren C. McNeil 6780073101 Lot 38
Delores M. McKay 6780099201 Lot 39
Charlotte P. Haizimsque 6780094401 Lot 40
Village of Laxgalts'ap - Willow Place Subdivision
Magnus C. Stevens 6780027301 Lot 41
Hester R. McKay 6780016102 Lot 42
Barbara M. Edgar 6780093701 Lot 43
Annette B. Clayton 6780096601 Lot 44
Alfred S. Stewart 6780059001 Lot 45
Village of Laxgalts'ap - Spruce Drive Subdivision
Christine E. Collison 6780045601 Lot 46
Valerie J. Evans 6780051401 Lot 47
Hubert W. Haldane 6780023201 Lot 48
Village of Laxgalts'ap - Multi-family rental units
Perry T. Robinson 6780118501 402 A
Reynold R. Maxwell 6780039301 402 B
Keith J. Gurney 6780098901 402 C
Dawna L. Watts 6780092701 403 A
Rodney I. Davis 6780051701 403 B
Louisa A. Gray 6780025701 403 C
Mary A. Moore 6780018102 404 A
Ella P. Stevens 6780088201 404 B
Robert S. Tait 6780047901 405 A
Mark A. Davis 6780031901 405 B
Kirk A. Ritchie 6780102801 405 C
Timothy Derrick 6780003201 406 A
Charlotte Angus 6780114101 406 B
Cora E. Aksidan 6780000102 406 C

Tenants of LVG Rental and Multi-Family Units are subject to change as permanent housing is obtained.

Appendix C - 7: Angling Guide Licences, Trapline Licences and Guide Outfitter Licence Wholly or Partially on Nisga'a Lands

Waters Licence No.
Dragon Lake 203793

203794

202438
Ginlulak Creek 203796

203815
Iknouk River 203811
Ishkheenickh River 206180

203811

203791

203793

203751

203800

202468

203772

203796

203753

202494

202438
Kincolith River 206180

203811

203791
Nass River 203758

206180

202471

203791

203783

203803

202426

202427

203800

203752

203756

202428

202446

203805

202494
Tchitin River 203815
Tseax River 202471

203791

203793

203783

203751

202426

202427

203752

203756

203796

202428

202461

203807

202438

203815
Zolzap Creek 203815
Traplines
614T 007 614T 065 614T 104
614T 008 614T 066 615T 023
614T 011 614T 067 615T 024
614T 012 614T 068 615T 025
614T 013 614T 069 615T 027
614T 014 614T 070 615T 044
614T 015 614T 071 616T 001
614T 060 614T 072 616T 002
614T 061 614T 073 616T 003
614T 062 614T 074 616T 004
614T 063 614T 075 616T 005
614T 064 614T 076 616T 015
  614T 077  
Guide Outfitter Licence
610G 001    

Appendix D: Nisga'a Fee Simple Lands Outside Nisga'a Lands

PDF Version (3.07 Mo, 61 pages)

Table of contents

Appendix D-1: Map of Category A and B Lands

Link to a larger image of the Map of Category A and B Lands

Appendix D-2: Category A Lands

listing of former Nisga'a Indian reserves outside of Nisga'a Lands, and extensions, the extensions of which after survey will have an aggregate area of not less than 1250 hectares, together with assigned District Lot designations and metes and bounds descriptions.

Map Ref: I.R. # I.R. Name District Lot Designations
(assigned or existing)
103J.080 15 Kinnamax
(X'anmas)
Extension of 4 +/- ha
District Lot 8067,
Range 5, Coast District
(the former I.R and extension are to be one parcel)

Extention Site Description:

Commencing at the southeast corner of former Kinnamax I.R. 15, with said southeast corner being a point on the northerly natural boundary of Kwinamass Bay;
thence northerly along the easterly boundary of former Kinnamax I.R 15 a distance of 54 +/- metres;
thence on a bearing of 104° 00' 00'' a distance of 315 +/- metres;
thence on a bearing of 77° 00' 00'' a distance of 240 +/- metres;
thence on a bearing of 166° 00' 00'' a distance of 70 +/- metres to the northerly natural boundary of Kwinamass Bay;
thence southwesterly and northwesterly along the northerly natural boundary of Kwinamass Bay to the point of commencement.
The total area for this extension is to be 4 +/- hectares.

Map Ref: I.R. # I.R. NAME District Lot Designations
(assigned or existing)
103J.080 16 Talahaat
(Txaalaxhatkw)
Extension of 46 +/- ha
District Lot 8068,
Range 5, Coast District
District Lot 8073,
Range 5, Coast District

Extention Site Description:

Commencing at the northwest corner of former Talahaat I.R. No. 16;
thence southerly along the westerly boundary of said former I.R. to the northeast corner of District Lot 3970, being Knames I.R. No. 45;
thence westerly along the northerly boundary of District Lot 3970 produced to the right natural boundary of Kwinamass River:
thence in a general westerly direction along the right natural boundary of Kwinamass River to a point thereon, with said point lying due West of the northwest corner of District Lot 3970, a distance of 1300 +/- metres; thence due West, a distance of 144 +/- metres;
thence due North a distance of 419 +/- metres to the southerly boundary of the road: thence in a general easterly direction along the southerly boundary of the road, including the works, to the northerly prolongation of the westerly boundary of former Talahaat I.R. No. 16;
thence southerly to and along the westerly boundary of former Talahaat I.R. 16 to the point of commencement.
The total area for this extension is to be 46 +/- hectares.

Map Ref: I.R. # I.R. Name District Lot Designations
(assigned or existing)
103O.070 & 103O.080 17 Georgie
(X'uji)
District Lot 7221,
Cassiar District
103P.091 19 Scamakounst
(Sgamagunt)
District Lot 7222,
Cassiar District
103P.021 20 Kinmelit
(Gwinmilit)
District Lot 7223,
Cassiar District
103P.021 21 Slooks
(Xlukwskw)
District Lot 7224,
Cassiar District
103P.022 22 Staqoo
(Ksi Xts'at'kw)
Extension of 8 +/- ha
District Lot 7226,
Cassiar District
District Lot 7247,
Cassiar District

Extention Site Description:

Commencing at the northeast corner of former Staqoo I.R. No. 22;
thence northerly along the northerly prolongation of the easterly boundary of said former I.R., a distance of 345 +/- metres;
thence westerly a distance of 239 +/- metres along a line that runs parallel to the northerly boundary of said former I.R. to the easterly natural boundary of Observatory Inlet;
thence southerly along the easterly natural boundary of Observatory Inlet to the northwest corner of former Staqoo I.R. No. 22, being a point thereon,
thence easterly along the northerly boundary of said former Staqoo I.R. No. 22 to the point of commencement.
The total area of this extension is to be 8 +/- hectares.

Map Ref: I.R. # I.R. Name District Lot Designations
(assigned or existing)
103P.032 23 Ktsinet
(Xts'init)
Extensions consisting of 3 parcels of 158 +/-ha in total
District Lot 7227,
Cassiar District
District Lots 7228 to 7230 (inclusive), Cassiar District

Extention Site Description:

Firstly: Commencing at the southwest corner of former Ktsinet I.R. No. 23;
thence easterly along the southerly boundary of said former I.R. a distance of 450 +/- metres;
thence southerly along a line drawn perpendicular to said southerly boundary for a distance of 220 +/- metres;,
thence westerly a distance of 360 +/- metres along a line drawn parallel to said southerly boundary to the easterly natural boundary of Paddy Passage;
thence northerly along the easterly natural boundary of Paddy Passage to the point of commencement;

Secondly: That part of Perry Peninsula lying to the south of the westerly prolongation of the most northerly boundary of former Ktsinet I.R. No. 23 and to the north and west of former Ktsinet I.R. No. 23, excepting thereout Perry Spit; and

Thirdly: Commencing at the northeast corner of former Ktsinet I.R. No. 23;
thence due East a distance of 226 +/- metres;
thence due North a distance of 1566 +/- metres;
thence on a bearing of 43° 43' 00'' a distance of 500 +/- metres;
thence on a bearing of 6° 54' 00'' a distance of 220 +/- metres, more or less to the southeasterly natural boundary of Bessie Lake;
thence southwesterly, westerly and northeasterly along southerly and westerly natural boundaries of Bessie Lake to a point on said westerly natural boundary lying 200 metres due North of the most southerly point of Bessie Lake;
thence due West to the easterly natural boundary of Observatory Inlet;
thence in a general southerly direction along the easterly natural boundary of Observatory Inlet to the northwest corner of former Ktsinet I.R. No. 23, being a point thereon;
thence easterly along the most northerly boundary of former Ktsinet I.R. No. 23 to the northeast corner thereof, being also the point of commencement.
The total area for the three sites is 154 +/- hectares, comprised of 8 hectares, 23 hectares, and 123 hectares, respectively.

Map Ref: I.R. # I.R. Name District Lot Designations
(assigned or existing)
103P.043 24 Gitzault
(Gits'oohl)
Firstly: Assigned Parcel "A" of Lot 14 (Explanatory Plan 1554) Block 1 of Lot 931, Cassiar District, Plan 1515;

Secondly: Those portions of Lots 16 and 17 of Block 1 of Lot 931, Cassiar District, Plan 1515 lying and being to the West of the lane on said Plan 1515;

Thirdly: Lots 14, 15 and Lot 18 of Block 1; Lot 2 of Block 2; Lots 1 to 3 (inclusive) of Block 3; Lots 1 to 6 (inclusive) of Block 4; Lot 8 of Block 5; Lots 2 to 8 (inclusive) and Lot 16 of Block 6; Lots 6 to 11 (inclusive) of Block 7; Lots 1 to 7 (inclusive) of Block 9; Lot 2 of Block 10; Blocks 11 to 24 (inclusive); Lots 1 to 11 (inclusive) of Block 25; Lots 1 to 22 (inclusive) of Block 26; Lots 1 to 22 (inclusive) of Block 27; Lots 1 to 11 (inclusive) of Block 28; Blocks 30 to 44 (inclusive); all of Lot 931, Cassiar District, Plan 1515, except thereout from said Lot 14 of Block 1 Explanatory Plan 1554; and

Fourthly: Block A of Lot 931, Cassiar District, being the bed of the Kitsault River

 

Map Ref: I.R. # I.R. Name District Lot Designations
(assigned or existing)
103P.042 26 Tackuan
(T'ak'uwaan)
Extensions consisting of 2 parcels of 68 +/- ha in total
District Lot 7231,
Cassiar District;
District Lots 7232 and 7233,
Cassiar District

Extention Site Description:

Firstly: Commencing at the southeast corner of former Tackuan I.R. No. 26, being a point on the westerly natural boundary of Hastings Arm;
thence westerly along the southerly boundary of former Tachuan I.R. No. 26, a distance of 190 +/- metres;
thence southerly along a line drawn perpendicular to the southerly boundary of former Tachuan I.R. No. 26 for a distance of 393 +/- metres;
thence easterly along a line drawn parallel to the southerly boundary of former Tachuan I.R. No. 26 a distance of 100 +/- metres, more or less to the westerly natural boundary of Hastings Arm;
thence northerly along the westerly natural boundary of Hastings Arm to the point of commencement; and

Secondly: Commencing at the northeast corner of former Tackuan I.R. No. 26, being a point on the westerly natural boundary of Hastings Arm;
thence westerly along the northerly boundary of former Tackuan I.R. No 26 a distance of 590 +/- metres;
thence northerly along a line drawn perpendicular to said northerly boundary for a distance of 1118 +/- metres;
thence easterly for a distance of 340 +/- metres along a line drawn parallel to the northerly boundary of former Tackuan I.R. No. 26 to the westerly natural boundary of Hastings Arm;
thence in a general southerly direction along said natural boundary to the northeast corner of former Tackuan I.R. No. 26, being a point thereon, and also being the point of commencement.
The total area for the two sites is 68 +/- hectares, comprised of 5 +/- hectares and 63 +/- hectares, respectively.

Map Ref: I.R. # I.R. Name District Lot Designations
(assigned or existing)
103P.042 26A Tackuan
(T'ak'uwaan)
District Lot 5433,
Cassiar District
103P.061 27 Kshwan
(Ks wan)
Extensions consisting
of 2 parcels of
165 +/- ha in total
District Lot 7225,
Cassiar District
District Lots 7252 and 7253,
Cassiar District

Extention Site Description:

Firstly: Commencing at the most westerly southwest corner of former Kshwan I.R. No. 27;
thence southerly along the southerly prolongation of the westerly boundary of former Kshwan I.R. No. 27 a distance of 972 +/- metres;
thence easterly along a line drawn perpendicular to the previously described course for a distance of 45 +/- metres to the westerly natural boundary of Hastings Arm;
thence northerly along said natural boundary to the southerly boundary of former Kshwan I.R No. 27;
thence in a general westerly direction along the southerly boundary of former Kshwan I.R. No. 27 to the most westerly southwest corner thereof, being also the point of commencement; and

Secondly: Commencing at the northeast corner of District 4075, being former Kshwan I.R. No. 27 A;
thence easterly along the easterly prolongation of the northerly boundary of said District Lot 4075, a distance of 320 +/- metres;
thence southerly a distance of 1766 +/- metres along a line drawn parallel to the easterly boundary of District Lot 4075;
thence easterly a distance of 348 +/- metres along a line drawn perpendicular to the previously described course;
thence southerly a distance of 1709+/- metres along a line drawn parallel to the easterly boundary of District Lot 4075;
thence westerly a distance of 338 +/- metres along a line drawn perpendicular to the previously described course to the easterly natural boundary of Hastings Arm;
thence in a general northerly direction along said natural boundary to the southerly boundary of District Lot 4075;
thence easterly and northerly along the southerly and easterly boundaries of District Lot 4075 to the northeast corner thereof, being also the point of commencement.
The total area for the two sites is 162 +/- hectares, comprised of 11 +/- hectares and 151 +/- hectares, respectively.
(Note: This site is subject to a Statutory right of way.)

Map Ref: I.R. # I.R. Name District Lot Designations
(assigned or existing)
103P.062 27A Kshwan
(Ks wan)
District Lot 4075,
Cassiar District
103I.083 38 Lakbelak
(Lax Bilak)
District Lot 6453,
Range 5 Coast District
103I.082 39 Lakbelak Creek
(Lax Bilak)
District Lot 6455,
Range 5 Coast District
103I.072 40 Lakbelak Lake
(Lax Bilak)
District Lot 6454,
Range 5 Coast District
103O/1E 42 Dogfish Bay
(Xmaat'in)
Extension consisting of 3 parcels of 700 +/- ha in total
District Lots 628A and 5432,
Cassiar District
District Lots 627, 628, and 7234, all Cassiar District

Extention Site Description:

 Firstly: District Lots 627 and 628, Cassiar District; and

Secondly: Commencing at a point on the northerly boundary of District Lot 5432, Cassiar District, being the former Dogfish Bay I.R. No. 42, 1273 +/- metres of District Lot 5432) from the northeast corner of said District Lot;
thence due North a distance of 1600 +/- metres;
thence due East a distance of 1484 +/- metres;
thence on a bearing of 31° 15' 00'' 1629 +/- metres;
thence on a bearing of 91° 20' 00'' a distance of 989 +/- metres;
thence on a bearing of 179° 20' 00'' a distance of 497 +/-metres;
thence on a bearing of 212° 28' 00'' a distance of 3902 +/- metres to the easterly boundary of District Lot 5432, Cassiar District;
thence northerly and westerly along the easterly and northerly boundaries of District Lot 5432 to the point of commencement.
The total area of the two sites is 700 +/- hectares, comprised of 98 +/- hectares and 602 +/- hectares, respectively.

Map Ref: I.R. # I.R. Name Districk Lot Designations
(assigned or existing)
103O/1E 43 Pearse Island
(Wil Milit)
Extension of 108 +/- ha
District Lot 5431,
Cassiar District
District Lot 7235,
Cassiar District

Extention Site Description:

Commencing at a point on the westerly boundary of District Lot 5431, Cassiar District, being former Pearse Island I.R. No. 43, 900 +/- metres from the southwest corner of District Lot 5431;
thence on a bearing of 265° 24' 00'' a distance of 1638 +/- metres;
thence due North a distance of 100 +/- metres, more or less, to the natural boundary of Pearse Canal;
thence in a general easterly direction along the natural boundary of Pearse Canal to Tree Point;
thence in a general southerly direction along the westerly natural boundary of Wiskey Bay to the northwest corner of District Lot 5431, being a point thereon;
thence southerly along the westerly boundary of District Lot 5431, Cassiar District to the point of commencement.
The total area of the site is 108 +/- hectares.

Appendix D-3: Sketches of Category A Lands

Sketch 1: Former Indian Reserve No. 15 "Kinnamax" (X'anmas) and extension

Former Indian Reserve No. 15  Kinnamax" (X'anmas) and extension

Sketch 2: Former Indian Reserve No. 16 "Talahaat" (Txaalaxghatkw) and extension

Former Indian Reserve No. 16 Talahaat (Tgaalaxghatkw) and extension

Sketch 3: Former Indian Reserve No. 17 "Georgie" (X'uji)

Former Indian Reserve No. 17 Georgie (X'uji)

Sketch 4: Former Indian Reserve No. 19 "Scamakounst" (Sgamagunt)

Former Indian Reserve No. 19 Scamakounst (Sgamagunt)

Sketch 5: Former Indian Reserve No. 20 "Kinmelit" (Gwinmilit)

Former Indian Reserve No. 20 Kinmelit (Gwinmilit)

Sketch 6: Former Indian Reserve No. 21 "Slooks" (Xlukwskw)

Former Indian Reserve No. 21 Slooks (Xlukwskw)

Sketch 7: Former Indian Reserve No. 22 "Staqoo" (Ksi Xts'at'kw)

Former Indian Reserve No. 22 Staqoo (Ksi Xts'at'kw)

Sketch 8: Former Indian Reserve No. 23 "Ktsinet" (Xts'init) and extensions

Former Indian Reserve No. 23 Ktsinet (Xts'init) and extensions

Sketch 9: Former Indian Reserve No. 24 "Gitzault" (Gits'oohl)

Former Indian Reserve No. 24 Gitzault (Gits'oohl)

Sketch 10: Former Indian Reserves No. 26 and 26A "Tackuan" (T'ak'uwaan) and extensions

Former Indian Reserves No. 26 and 26A Tackuan (T'ak'uwaan) and extensions

Sketch 11: Former Indian Reserves No. 27 and 27A "Kshwan" (Ks wan) and extensions

Former Indian Reserves No. 27 and 27A Kshwan (Ks wan) and extensions

Sketch 12: Former Indian Reserve No. 38 "Lakbelak" (Lax Bilak)

Former Indian Reserve No. 38  Lakbelak  (Lax_ Bilak)

Sketch 13: Former Indian Reserve No. 39 "Lakbelak Creek" (Lax Bilak)

Former Indian Reserve No. 39  Lakbelak Creek  (Lax Bilak)

Sketch 14: Former Indian Reserve No. 40 "Lakbelak Lake" (Lax Bilak)

Former Indian Reserve No. 40  Lakbelak Lake  (La Bilak)

Sketch 15: Former Indian Reserve No. 42 "Dogfish Bay" (Xmaat'in) and extension

Former Indian Reserve No. 42  Dogfish Bay  (Xmaat'in) and extension

Sketch 16: Former Indian Reserve No. 43 "Pearse Island" (Wil Milit) and extension

Former Indian Reserve No. 43  Pearse Island  (Wil Milit) and extension

Appendix D-4: List of Estates, Interests, Charges, Mineral Claims, Encumbrances, Licences, and Permits Located on Category A Lands

Map Ref: Site Encumbrance
103P.042 Extensions to former Tackuan I.R. No. 26 to be surveyed as District Lots 7232 and 7233, Cassiar District.


Mineral Claims
(as listed below)
Tenure No. Tenure Name Tenure Type
252013 CAR3 15 unit claim (3N x E)
252033 ANY3 12 unit claim (4S x 3E)
252035 ANY5 15 unit claim (5s x 2E)


Map Ref: Site Encumbrance
103P.O61,062 Former Kshwan I.R No. 27 and former Kshwan I.R. No. 27A, being surveyed as District Lots 7225 and 4075, Cassiar District, respectively.

Extension to Former Kshwan I.R. No 27A to be surveyed as District Lot 7252, Cassiar District.
Statutory Right of Way under Section 218 of theLand Title Act


Mineral Claims
(as listed below)
Tenure No. Tenure Name Tenure Type
323599 MAST1 Two post claim
323600 MAST 2 Two post claim
323601 MAST 3 Two post claim
323602 MAST 4 Two post claim
All within Cassiar Land District and Skeena Mining Division.

Appendix D-5: Sketches Showing the Location of Active Mineral Claims on Category A Lands

Sketch 1: Mineral Claims in vicinity of former Indian Reserve No.s 26 and 26A "Tackuan"; and

Sketch 2: Mineral Claims in vicinity of former Indian Reserve No.s 27 and 27A "Kshwan".

/DAM/DAM-CIRNAC-RCAANC/DAM-TAG/STAGING/images-images/d_18large_1524229346991_eng.jpg
Mineral Claims in vicinity of former Indian Reserve No.s 27 and 27A "Kshwan"

Appendix D-6: Category B Lands

listing of parcels of unsurveyed Crown land outside of Nisga'a Lands, which after survey will have an aggregate area of not less than 250 hectares, together with assigned District Lot designations and metes and bounds descriptions. (See Appendix D-1 for generaI location of sites.)

1) Hattie Island
Described as being:
District Lot 7236, Cassiar District.
All of Hattie Island. The total area of this site is to be 1 l+/- hectares. (Note: The survey of District Lot 3829, Cassiar District, is to be canceled.)
2) Fords Cove
Described as
District Lot 7237, Cassiar District.
Firstly: Commencing at a post which is placed on the natural boundary of Fords Cove at its northerly limits;
thence due East a distance of 77 +/- metres;
thence due South a distance of 453 +/- metres;
thence due West a distance of 505 +/- metres, more or less, to the easterly natural boundary of Portland Canal;
thence in a general northeasterly direction along the easterly natural boundary of Portland Canal to the point of commencement; and
Secondly. Green Islets.
The total area of this site is to be 9 +/- hectares.
3) Water Inlet
Described as
District Lot 8069, Range 5 Coast District.
Commencing at a point on the southwesterly natural boundary of Winter Inlet marked by a blazed tree with flagging (approximate latitude 54° 48' 53'' and longitude 130° 26' 45'');
thence on a bearing of 243° 00' 00'' a distance of 100 +/- metres;
thence on a bearing of 330° 00' 00'' a distance of 970.+/- metres;
thence on a bearing of 63° 00' 00'' a distance of 285 +/- metres, more or less, to the southwesterly natural boundary of Winter Inlet;
thence in a general southeasterly direction along said natural boundary of Winter Inlet to the point of commencement.
The total area of this site is to be 10.5 +/- hectares.
4) Nasoga Gulf
Described as being
District Lot 104, Range 5 Coast District.
that portion of District Lot 104, Range 5 Coast District, which lies to the south of a line drawn parallel to and 87 metres perpendicularly distant southerly from the northerly boundary of said district lot. The total area of this site is to be 6 +/- hectares. (This is to be a resurvey of District Lot 104; the two creeks passing through this parcel are subject to riparian corridors.)
5) Echo Cove
Described as
Block A of District Lots 3 and 14, Range 5 Coast District.
Commencing at the northwest corner of District Lot 3, Range 5 Coast District, being a point on the westerly natural boundary of Nass Harbour; thence southerly along the westerly boundary of District Lot 3 a distance of 714 +/- metres;
thence on a bearing of 250° 08' 00'' a distance of 352 +/- metres;
thence on a bearing of 183° 16' 00'' a distance of 100 +/- metres, more or less, to the northerly natural boundary of Echo Cove;
thence easterly and in a general southwesterly direction along the northerly and southeasterly natural boundaries of Echo Cove to the northwest corner of District Lot 15, being a point on said natural boundary;
thence easterly along the northerly boundary of District Lot 15 and continuing easterly along the southerly boundary of District Lot 3 a total distance of 326 +/- metres;
thence northeasterly in a straight line to the northeast corner of District Lot 3, being a point on the natural boundary of Nass Bay;
thence in a general northwesterly direction along the natural boundary of Nass Bay following the general trend of the natural boundary of Nass Bay for a distance of 340 +/- metres;
thence on a bearing of 273° 30' 00'' a distance of 140 +/- metres
thence on a bearing of 3° 15' 00'' a distance of 322 +/- metres, more or less, to the easterly natural boundary of Nass Harbour;
thence in general southerly, westerly and northerly directions along the easterly, southerly and westerly natural boundaries of Nass Harbour to the northwest corner of District Lot 3, being a point on the westerly natural boundary of Nass Harbour, and being also the point of commencement.
The total area of this site is to be 40 +/- hectares.
(This site is subject to riparian corridors.)
6) Kinskuch Lake
Described as
District Lot 7238, Cassiar District.
Commencing at a post which is flagged and blazed set on the westerly natural boundary of Kinskuch Lake (approximate latitude 55° 40' 15'' and 129° 23' 16'';
thence on a bearing of 239° 50' 00'' a distance of 195 +/- metres;
thence on a bearing of 200° 00' 00'' a distance of 487 +/- metres;
thence on a bearing of 181° 41' 00'' a distance of 107 +/- metres, more or less, to the westerly natural boundary of Kinskuch Lake;
thence in a general northeasterly direction along the westerly natural boundary of Kinskuch Lake to the point of commencement.
The total area of this site is to be 7 +/- hectares.
7) Jade Lake
Described as
District Lot 7239, Cassiar District.
Commencing at a point on the southerly natural boundary of Jade Lake marked by a blazed tree (approximate latitude 55° 44' 14'' and longitude 129° 24' 33'');
thence due South a distance of 140 +/- metres;
thence due West a distance of 100 +/- metres;
thence due North a distance of 109 +/- metres, more or less, to the southerly natural boundary of Jade Lake;
thence in a general easterly direction along the southerly natural boundary of Jade Lake to the point of commencement.
The total area for this site is to be 1 +/- hectare.
8) Kitsault Lake
Described as
District Lot 7240, Cassiar District.
Commencing at a point on the easterly natural boundary of Ktsault Lake marked by a blazed tree (approximate latitude 55° 45' 34'' and longitude 129° 28' 48'');
thence southwesterly in a straight line a distance of 224 +/- metres to the easterly natural boundary of Kitsault Lake;
thence westerly, northeasterly and easterly along said easterly natural boundary of Kitsault Lake to the point of commencement.
The total area for this site is to be 2 +/- hectares.
9) Kwinageese Lake
Described as being
District Lots 7245 and 7246, Cassiar District
Two islands in Kwinageese lake: the first being 5.2 +/- hectares in size; and the second being 0.5 +/- hectares in size.
The total area for this site is to be G+/- hectares.
10) Ohl Creek
Described as
District Lot 7241, Cassiar District.
Commencing at a point on the right natural boundary of Ohl Creek a distance of 170 +/- metres northeasterly along said natural boundary from the intersection of said natural boundary with the easterly natural boundary of Hastings Arm;
thence due North a distance of 76 +/- metres;
thence due West a distance of 161 +/- metres, more or less, to the easterly natural boundary of Hastings Arm;
thence southerly along the easterly natural boundary of Hastings Arm to the right natural boundary of Ohl Creek;
thence northeasterly along said natural boundary to the point of commencement.
The total area for this site is to be 2 +/- hectares.
(This site is subject to a riparian corridor.)
11)Meziadin Junction
Described as
District Lot 7242, Cassiar District.
Commencing at the intersection of the northerly boundary of Stewart-Cassiar Highway with the northerly prolongation of the easterly boundary of District Lot 1100, Cassiar District;
thence easterly along the northerly boundary of Stewart-Cassiar Highway a distance of 120 +/- metres;
thence northerly along a line drawn perpendicular to the northerly boundary of Stewart-Cassiar Highway a distance of 100 +/- metres;
thence westerly along a line drawn parallel to the northerly boundary of Stewart-Cassiar Highway a distance of 230 +/- metres;
thence southerly along a line drawn perpendicular to the previously described course a distance of 70 +/- metres;
thence easterly along a line drawn parallel to the Stewart-Cassiar Highway a distance of 110 +/- metres;
thence southerly in a straight line to the point of commencement.
The total area for this site is to be 2+/- hectares.
12) Meziadin Lake
Described as
District Lot 7244, Cassiar District.
Firstly: Commencing at a post which is flagged and blazed on the easterly natural boundary of Meziadin Lake (approximate latitude 56° 02' 04'' and longitude 129° 13' 00'');
thence due East a distance of 177 +/- metres;
thence on a bearing of 150° 53' 00'' a distance of 2001 +/- metres;
thence due South a distance of 647 +/- metres;
thence on a bearing of 1.50° 53' 00'' a distance of 610 +/- metres;
thence due South a distance of 760 +/- metres
thence on a bearing of 150° 53' 00'' a distance of 927 +/- metres;
thence due West a distance of 584 +/- metres;
thence on a bearing of 330° 47' 00'' a distance of 1186 +/- metres;
thence due East a distance of 130 +/- metres, more or less, to the southwesterly natural boundary of Meziadin Lake;
thence southeasterly and in a general northerly direction along the southwesterly and easterly natural boundaries of Meziadin Lake to the point of commencement; and
Secondly: The small island 1 +/- hectare in size in the vicinity of the northwest corner of District Lot 2447, Cassiar District.
The total area for this site is to be 137.5 hectares, comprised of 136.5 +/- hectares and 1 +/- hectares, respectively.
(Note: Existing District Lots will be canceled.)
13) Amoth Lake
Described as
District Lot 8070, Range 5 Coast District.
Commencing at the most northerly point on the natural boundary of Amoth Lake;
thence due East a distance of 140 +/- metres;
thence due South a distance of 540 +/- metres, more or less, to the easterly natural boundary of Amoth Lake;
thence in a general northwesterly direction along the natural boundary of Amoth Lake to the point of commencement.
The total area for this site is to be 7 +/- hectares.
(This site is subject to a riparian corridor.)
14) Amoth Headwaters Lake
Described as
District Lot 8071, Range 5, Coast District.
Commencing at the intersection of the left natural boundary of Amoth Creek with the northerly natural boundary of Amoth Headwaters Lake;
thence due North a distance of 100 +/- metres;
thence due East a distance of 273 +/- metres;
thence due South a distance of 276 +/- metres;
thence due West a distance of 100 +/- metres, more or less to the easterly natural boundary of Amoth Headwaters Lake;
thence in a general northwesterly direction along the easterly and northerly natural boundaries of Amoth Headwaters Lake to the point of commencement.
The total area for this site is to be 4 +/- hectares.
(This site is subject to a riparian corridor.)
15) Grizzly Bear Lake
Described as
District Lot 7243, Cassiar District
Commencing at the intersection of the left natural boundary of an unnamed creek with the southerly boundary of Stewart-Cassiar Highway;
thence southerly along the left natural boundary of said unnamed creek a distance of 60 +/- metres
thence on a bearing of 123° 00' 00'' a distance of 360 +/- metres to the westerly natural boundary of Grizzly Bear Lake;
thence northerly and easterly along the westerly and northerly natural boundaries of Grizzly Bear Lake to the southerly boundary of Stewart-Cassiar Highway;
thence westerly along the southerly boundary of Stewart-Cassiar Highway to the point of commencement.
The total area for this site is to be 5 +/- hectares.

Appendix D-7: Sketches of Category B Lands

Sketch 1: Hattie Island

Sketch of Hattie Island

Sketch 2: Fords Cove

Sketch of Fords Cove

Sketch 3: Winter Inlet

Sketch of Winter Inlet

Sketch 4: Nasoga Gulf

Sketch of Nasoga Gulf

Sketch 5: Echo Cove

Sketch 6: Kinskuch Lake

Sketch of Kinskuch Lake

Sketch 7: Jade Lake

Sketch of Jade Lake

Sketch 8: Kitsault Lake

Sketch of Kitsault Lake

Sketch 9: Kwinageese Lake

Sketch of Kwinageese Lake

Sketch 10: Ohl Creek Site

Sketch 11: Meziadin Junction

Sketch of Meziadin Junction

Sketch 12: Meziadin Lake

Sketch of Meziadin Lake

Sketch 13: Amoth Lake

Sketch of Amoth Lake

Sketch 14: Amoth Headwaters Lake

Sketch of Amoth Headwaters Lake

Sketch 15: Grizzly Bear Lake

Sketch of Grizzly Bear Lake

Appendix D-8: List of Estates, Interests, Charges, Mineral Claims, Encumbrances, Licences and Permits Located on Category B Lands

Map Ref: Site Encumbrance
103P. 021 Hattie Island Licence of Occupation for a Navigation Light
103J. 090 Nasoga Gulf Section 219 of the Land Title Act covenant.
103I. 091 Echo Cove Section 219 of the Land Title Act covenant.
103P. 052 Ohl Creek Section 219 of the Land Title Act covenant.
103I. 072,073 Amoth Lake Section 219 of the Land Title Act covenant and a health covenant.
103I. 072 Amoth Lake Headwaters Section 219 of the Land Title Act covenant and a health covenant.

Appendix E: Map of Nisga'a Commercial Recreation Tenure

PDF Version (316 Kb, 3 pages)

Map Showing Operating Areas of the
Nisga'a Commercial Recreation Tenure

Map Showing Operating Areas of the Nisga'a Commercial Recreation Tenure

Appendix F: Heritage Sites and Key Geographic Features

PDF Version (245 Kb, 8 pages)

Table of contents

Appendix F-1 - Sites of Cultural and Historic Significance to the Nisga'a Nation to Be Designated as Provincial Heritage Sites

Map Ref: Site Description
103P. 032 Ksi Galsgiist (Kehkiist Creek) Site is at the mouth of the Kelskiist (Kelskiist Creek) Creek and is approximately l+/- hectares in size.
104A. 052 Treaty Creek Site is an area of 1 +/- hectares surrounding a large rock outcrop found along the right natural boundary of Treaty Creek.
104H. 015 Magoonhl Lisims (Nass Lake) Site is a small peninsula located on the east side of Nass Lake and is 0.75 +/- hectares in size.
103P. 057 Genim Sgeenix (Grease Trail) A section of 1 +/- hectares along the historic Grease Trail where the trail crossed the Cranberry River and where the trail is preserved in an undisturbed state.
103P. 025 Genim Sgeenix (Grease Trail) At the request of Nisga'a Lisims Government/ Nisga'a Nation, British Columbia will designate as a provincial heritage site a second section of the historic Grease Trail near the site of Gitlax'aws (Grease Harbour) on Nisga'a Lands.

Appendix F-2 - Names to be Recorded in the British Columbia Geographic Names Information System

Map Ref: Current Name Nisga'a Name
103P. 014 Canyon City Gitwinksihlkw
103P. 003 Greenville Laxgalts'ap
103I. 091 Kincolith Gingolx
103P. 014 Vetter Peak Xhlawit
103P. 056 Kinskuch River Ksi Gingsox
103P. 064 Kinskuch Lake T'aam Gingsox
103P. 025 Grease Harbour (village) Gitlaxksiip
103P. 002 Fishery Bay Ts'im K'ol'hl Da oots'ip
103P. 025 Tseax River Ksi Sii Aks
103P. 035 Kwinatahl River Ksi Gwinhat'al
103P. 056 Kiteen River Ksi Gahlt'in
103P. 025 Grease Harbour (fishing site) Ts'im Anwiihlist
103P. 014 Zolzap River Ksi Ts'oohl Ts'ap
103P. 025 Seaskinnish River Ksi Sgasginist
103P. 025 New Aiyansh Wii Lax Kap
103P. 025 Shumal River Ksga'maal
103I. 092 Ishkeenickh River Ksi Hlginx
103P. 003 Ksedin Creek Ksi Mat'in
103J. 080 Kwinamass River Ksi X'anmas
103J. 100 Unnamed Mountain Xk'aat'aapgwit
103P. 001 Scowban Creek (not official) Ksi Sgawban
103I. 091 Kincolith River Ksi Gingolx
103P. 001 Iknouk River Xnukw
103I. 091 Burton Creek Ksgyukwsa'a
103J. 080 Kinnamax I.R. No. 15 X'anmas
103J. 080 Tahahaat I.R. No. 16 Txaalaxhatkw
103O. 070 Georgie I.R. No. 17 X'uji
103P. 091 Scamakounst I.R. No. 19 Sgamagunt
103P. 021 Kinmelit I.R. No. 20 Gwinmilit
103P. 021 Slooks I.R. No. 21 Xlukwskw
103P. 022 Staqoo I.R. No. 22 Ksi Xts'at'kw
103P. 032 Ktsinet 1.R No. 23 Xts'init
103P. 043 Gitzault I.R. No. 24 Gits'oohl
103P. 042 Tackuan I.R.s No. 26 and No. 26A T'ak'uwaan
103P. 061 and 062 Kshwan I.R.s No. 27 and No. 27A Ks wan
103I. 083 Lakbelak I.R. No. 38 Lax Bilak
103I. 082 Lakbelak Creek I.R. No. 39 Lax Bilak
103I. 072 Lakbelak Lake I.R. No. 40 Lax Bilak
103O. 010 Dogfish Bay I.R. No. 42 Xmaat'in
103O. 010 Pearse Island I.R. No. 43 Wil Milit
103I. 091 Iceberg Bay Ts'im Sgalt
103P. 062 Mt. Fowler K'ipmat'iskw
103P. 042 and 043 Alice Arm K'alii Ts'im Gits'oohl
103J. 090 Nasoga Gulf T'sim Sgaawa'a
103P. 042 Hastings Arm K'alii Kshwan
103I. 092 Nass River K'alii Aksim Lisims
103P. 066 Kinskuch Peak Sganisim Gingsox
103O. 010 Portland Canal K'alii Xk'alaan
104A. 004 Meziadin Lake T'aam Mits'iiaadin
103P. 056 Cranberry River Ksi W'iipdalks
104A. 068 Muskaboo Creek Ksi M'aas Gibuu
103I. 092 Red Bluff I.R. No. 88 Lax Masgwit

Appendix F-3 - Place Names to be Changed by British Columbia

Map Ref: Current Name Nisga'a Name
103P. 014 Canyon City Gitwinksihlkw
103P. 003 Greenville Laxgalts'ap
103I. 091 Kincolith Gingolx
103P. 014 Vetter Peak Xhlawit
103P. 025 Grease Harbour (village) Gitlaxksiip
103P. 002 Fishery Bay Ts'im K'ol'hl Da oots'ip
103P. 025 Tseax River Ksi Sii Aks
103P. 035 Kwinatahl River Ksi Gwinhat'al
103P. 025 Grease Harbour (fishing site) Ts'im Anwiihlist
103P. 014 Zolzap River Ksi Ts'oohl Ts'ap
103P. 025 Seaskinnish River Ksi Sgasginist
103P. 025 New Aiyansh (old village site) Wii Lax Kap
103P. 025 Shumal River Ksga'maal
103I. 092 Ishkeenickh River Ksi Hlginx
103P. 003 Ksedin Creek Ksi Mat'in
103J. 080 Kwinamass River Ksi X'anmas
103J. 100 Unnamed Mountain Xk'aat'aapgwit
103P. 001 Scowban Creek (not official) Ksi Sgawban
103I. 091 Kincolith River Ksi Gingolx
103P. 001 Iknouk River Xnukw
103I. 091 Burton Creek Ksgyukwsa'a
103J. 080 Kinnamax I.R. No. 15 X'anmas
103J. 080 Tahahaat I.R. No. 16 Txaalaxhatkw
103O. 070 Georgie I.R. No. 17 X''uji
103P. 091 Scamakounst I.R. No. 19 Sgamagunt
103P. 021 Kinmelit I.R. No. 20 Gwinmilit
103P. 021 Slooks 1.R No. 21 Xlukwskw
103P. 022 Staqoo I.R. No. 22 Ksi Xts' at'kw
103P. 032 Ktsinet I.R. No. 23 Xts'init
103P. 043 Gitzault I.R. No. 24 Gits'oohl
103P. 042 Tackuan I.R.s No. 26 & 26A T' ak' uwaan
103P. 061 and 062 Kshwan I.R.s No. 27 & 27A KS wan
103I. 083 Lakbelak I.R. No. 38 Lax Bilak
103I. 082 Lakbelak Creek I.R. No. 39 Lax Bilak
103I. 072 Lakbelak Lake I.R. No. 40 Lax Bilak
103O. 010 Dogfish Bay I.R. No. 42 Xmaat'in
103O. 010 Pearse Island 1.R No. 43 Wil Milit

Appendix G: Parks and Ecological Reserve

PDF Version (1 918 Kb, 13 pages)

Table of contents

Appendix G-1: Map And Metes And Bounds Description Of Anhluut'ukwsim Laxmihl Angwinga'asanskwhl Nisga'a
(a.k.a. Nisga'a Memorial Lava Bed Park)

Map And Metes And Bounds Description Of Anhluut'ukwsim Laxmihl Angwinga'asanskwhl Nisga'a - a.k.a. Nisga'a Memorial Lava Bed Park

All those parcels or tracts of Crown land, together with all that land or land covered by water lying below the present natural boundary, situated in Cassiar District and lying within the following described boundaries

Commencing at the post set at the southeast corner of District Lot 1093, being former Gwinaha Indian Reserve No. 44, with said post to be marked #54;

thence northerly along the easterly boundary of District Lot 1093, being former Gwinaha Indian Reserve No. 44, and continuing northerly along a portion of the easterly boundary of former Gitwinksihlkw (Kitwilluchsilt) Indian Reserve No. 7, passing through the post set at the southeast corner thereof and to be marked number #53, to the post set at the intersection of said easterly boundary with the left natural boundary of Nass River, and with said post to be marked number #52;

thence in a generally northeasterly direction along said natural boundary of Nass River to the southwest corner of District Lot 1094, being former Amaral Indian Reserve No. 46 and 47 (undivided) and a point on said natural boundary;

thence easterly and northerly along the southerly and easterly boundaries of District Lot 1094, being former Amaral Indian Reserve No. 46 and 47 (undivided) to the southwest corner of former Amatal Indian Reserve No. 6;

thence easterly and northerly along the southerly and easterly boundaries of former Amatal Indian Reserve No. 6 to the left natural boundary of Nass River, and being the river channel lying to the south and east of former Amatal Indian Reserve No. 5;

thence in a general northeasterly direction along the said natural boundary of Nass River to the southwest corner of District Lot 5287, being former Quinogag Indian Reserve No. 61 and a point on said natural boundary;

thence easterly and northerly along the southerly and easterly boundaries of District Lot 5287, being former Quinogag Indian Reserve No. 61, to the northeast corner thereof, being a point on the left natural boundary of Nass River;

thence in a general northeasterly direction along said natural boundary of Nass River to the left natural boundary of Tseax River;

thence southeasterly along the left natural boundary of Tseax River to a point thereon, with said point lying on a bearing of 270" from the post set at the southeast corner of District Lot 5275, being former Ksilamisk Indian Reserve No. 89, and to be marked #51;

thence on a bearing of 90", passing through the southeast corner of District Lot 5275, being former Ksilamisk Indian Reserve No.89, to the intersection with a line drawn parallel to and 60 metres perpendicularly distant easterly from the right natural boundary of Tseax River, and with said intersection to be marked by a post to be set and numbered #50 ;

thence in a general southeasterly direction along said line drawn parallel to, and 60 metres perpendicularly distant easterly from the right natural boundary of Tseax River to the most westerly boundary of former New Aiyansh Indian Reserve No. 1 as shown on Plan 65 110 recorded in the Canada Lands Surveys Records at Ottawa;

thence southerly along the westerly boundary of former New Aiyansh Indian Reserve No. 1 to the northeast corner of Lot A of District Lot 4012, Plan 9176;

thence westerly along the northerly boundary of said Lot A to the northwest corner thereof;

thence in a general southerly direction along the westerly boundary of said Lot A to the southwest. corner thereof, with a portion of the westerly boundary of said Lot A being also the right natural boundary of Tseax River and with said southwest corner being a point being a point thereon;

thence easterly along the southerly boundary of said Lot A to its intersection with a line drawn parallel to and 60 metres perpendicularly distant easterly from the right natural boundary of Tseax River;

thence in a general southeasterly direction along said line drawn parallel to, and 60 metres perpendicularly distant easterly from the right natural boundary of Tseax River to the southerly prolongation of the easterly boundary of District Lot 4014;

thence northerly to and along the easterly boundary of District Lot 4014, passing through the post set at the southeast corner thereof, and to be marked as post number #49, to the intersection of said easterly boundary with a line drawn parallel to and 600 metres perpendicularly distant easterly from the centre line of Nisga'a Highway (formerly Nass Valley Road);

thence in a general southeasterly direction along said line drawn parallel to and 600 metres perpendicularly distant easterly from the centre line of Nisga'a Highway (formerly Nass Valley Road), to the middle line of Bubo Creek;

thence on a bearing of 176", a distance of 2.700 kilometres;

thence on a bearing of 63", a distance of 2.175 kilometres;

thence on a bearing of 53", a distance of 1.175 kilometres, more or less, to a post to be which is to be set on the southerly boundary of the watershed of Bubo Creek;

thence on a bearing of 1" 24' 00", a distance of 3.087 kilometres;

thence on a bearing of 328" 37' 00", a distance of 1.160 kilometres;

thence on a bearing of 21" 49' 00", a distance of 1.286 kilometres to a post set on the left natural boundary of a tributary of Eider Creek;

thence on a bearing of 323" 47' 00", a distance of 1.600 kilometres;

thence on a bearing of 288" 06' 00", a distance of 985 metres;

thence on a bearing of 15" 45' 00", a distance of 1.05 1 kilometres, more or less, to post #47 which is to be set on the right natural boundary of Fulmar Creek;

thence on a bearing of 294" 00' 00", a distance of 2.03 kilometres;

thence on a bearing of 62" 01' 00", a distance of 2.139 kilometres;

thence on a bearing of 1" 48' 00", a distance of 889 metres to a post which is to be set and numbered #46;

thence on a bearing of 262" 14' 00", a distance of 2.106 kilometres;

thence on a bearing of 321" 00' 00", a distance of 805 metres;

thence on a bearing of 45" 46' 00", a distance of 857 metres;

thence on a bearing of 303" 02' 00", a distance of 247 metres;

thence on a bearing of 90" 00' 00", a distance of 1.80 kilometres, more or less, to post number #45 which is to be set at the summit of Mount Hoeft;

thence northeasterly in a straight line to the summit of Mount Priestly, being a point on the easterly boundary of the watershed of Seaskinnish Creek;

thence southerly along the easterly boundaries of the watersheds of Seaskinnish Creek and Crater Creek to the southerly boundary of the watershed of Crater Creek;

thence westerly along the southerly boundary of the watershed of Crater Creek to a point thereon, with said point lying on a bearing of O", a distance of 300 metres, more or less, from the most northerly fork at the headwaters of Sterling Creek, with said fork being on an approximate bearing of 90", a distance of 5.50 kilometres, more or less, from the confluence of Tumbling Creek with the easterly natural boundary of Lava Lake;

thence on a bearing of 0" to the middle line of the most southerly main tributary of the unnamed' creek that flows northwesterly into Crater Creek;

thence in a general northwesterly direction along the middle line of said most southerly main tributary of the unnamed creek that flows northwesterly into Crater Creek and continuing northwesterly along the middle line of said unnamed creek to a point on a line drawn parallel to and 400 metres perpendicularly distant southerly from the left natural boundary of Crater Creek; thence southwesterly in a straight line to the intersection of the middle line of Jay Creek with the westerly boundary of Nisga'a Highway (formerly Nass Valley Road);

thence in a general southerly direction along said westerly boundary of Nisga'a Highway (formerly Nass Valley Road) to the 55th parallel of North latitude (based on NAD 83 Datum); thence westerly along said 55th parallel of North latitude to the left natural boundary of Tseax River;

thence northwesterly in a straight line to a point on a line drawn on a bearing of 270", and 100 metres perpendicularly distant westerly from, the most southerly point on the westerly natural boundary of the West arm of Lava Lake:

thence in a general northerly direction along said line drawn parallel to and 100 metres perpendicularly distant westerly from the westerly natural boundary of the West arm of Lava Lake and continuing in a general northerly direction along a line drawn parallel to and 100 metres perpendicularly distant westerly from the westerly natural boundary of Lava Lake to the point of intersection with the middle line of Aquila Creek;

thence westerly along the middle line of Aquila Creek to a point thereon, with said point lying on a bearing of 180" from a post set on the left natural boundary of Aquila Creek a distance of 953.7 metres upstream from the confluence of Aquila Creek with the westerly natural boundary of Lava Lake;

thence on a bearing of 0" to said post;

thence on a bearing of 3" 29' 37.75", a distance of 2.209 kilometres, more or less, to the intersection with a line drawn on a bearing of 245" from Pipe Post No. 31 set on the easterly side of the British Columbia Hydro and Power Authority (B.C.H.&P.A.) transmission line right-of-way as shown on Plan 5611, on deposit in the Land Title Of&e in Prince George (formerly Prince Rupert);

thence on a bearing of 65" to a point on a line drawn parallel to and 400 metres perpendicularly distant westerly from the centre line of Nisga'a Highway (formerly Nass Valley Road);

thence in a general northwesterly direction along said line drawn parallel to and 400 metres perpendicularly distant westerly from the centre line of Nisga'a Highway (formerly Nass Valley Road) to post number #64 which is to be set at the intersection of the right natural boundary of an unnamed creek that flows northeasterly into Tseax River with said line drawn parallel to and 400 metres perpendicularly distant southwesterly from the centre line of Nisga'a Highway (formerly Nass Wley Road);

thence on a bearing of 295" 08' 00", a distance of 2.48 kilometres;

thence on a bearing of 270" 15' 00", a distance of 1.25 kilometres;

thence on a bearing of 3OP 15' 00", a distance of 2.500 kilometres, more or less to post number #63 which is to be set on a bearing of 270" from the southwest corner of District Lot 4013, Cassiar District;

thence on a bearing of 249" 15' 00", a distance of 2.35 kilometres, to a post which is to be set and numbered #62;

thence on a bearing of 150" 15' 00", a distance of 500 metres, to a post which is to be set and numbered #61;

thence on a bearing of 206" 45' 00", a distance of 1.083 kilometres;

thence on a bearing of 270" 15' 00", a distance of 2.277 kilometres, to a post which is to be set and numbered #60;

thence on a bearing of 150" 37' 00", a distance of 497 metres;

thence on a bearing of 222" 39' 00", a distance of 654 metres to a post which is to be set and numbered #59;

thence on a bearing of 248" 32' 00", a distance of 1.096 kilometres;

thence on a bearing of 276" 14' 00", a distance of 695 metres, more or less, to post numbered #58 which is to be set on the left natural boundary of Zolzap Creek;

thence in a general westerly direction along the left natural boundary of Zolzap Creek to post numbered #57 which is to be set at the intersection of said left natural boundary with the southerly boundary of former Zaulzap Indian Reserve No. 29;

thence easterly and northerly along the southerly and easterly boundaries of former Zaulzap Indian Reserve No. 29, passing through the post set at the southeast corner thereof, and to be marked number #56 , to the post set at the southwest corner of District Lot 1093, being former Gwinaha Indian Reserve No. 44, and to marked number #55;

thence easterly along the southerly boundary of District Lot 1093, being former Gwinaha Indian Reserve No. 44 to the post set at the southeast corner thereof, and to be marked post number #54, being the point of commencement;

The whole containing approximately 17,893 hectares.

Appendix G - 2: Map And Metes And Bounds Description Of Gingietl Creek Ecological Reserve No. 115

Situated Within Nisga'a Lands

Map And Metes And Bounds Description Of Gingietl Creek Ecological Reserve No. 115

Map Ref: 103P.014 and 103P.O24

That area known as Gingietl Creek Ecological Reserve No. 115 and more particularly described as lying within the following boundaries:

Commencing at the northwest corner of that part of former Zaulzap Indian Reserve No. 29 lying to the north of Nass River;

thence on an approximate bearing of 39" 00' 00", a distance of 2.066 kilometres, more or less, to post number #81 which is to be set on the southeasterly boundary of the watershed of an unnamed creek that flows in a general southwesterly direction into Nass River, with said post being 0" 00' 00", a distance of 403 metres, more or less, from the most westerly northwest corner of former Gitwinksihlkw Indian Reserve No. 7;

thence northeasterly along the southeasterly boundary of the watershed of said unnamed creek to the southerly boundary of the watershed of Shumal Creek;

thence in a general westerly direction along the southerly boundary of the watershed of Shumal Creek to the easterly boundary of the watershed of Gingietl Creek: thence northerly and westerly along the easterly and northerly boundaries of the watershed of Gingietl Creek and continuing westerly along the northerly boundary of the watershed of an unnamed creek that flows in a general southeasterly direction into Nass River to post number #82 which is to be set thereon;

thence on a bearing of 158" 38' 00", a distance of 2.478 kilometres;

thence of a bearing of 154" 51' 00", a distance of 1.080 kilometres, more or less, to post number #83 which is to be set on the right natural boundary of Nass River;

thence in a general easterly direction along the right natural boundary of Nass River to that part of the westerly boundary of former Zaulzap Indian Reserve No. 29 lying to the north of Nass River;

thence northerly along that part of the westerly boundary of former Zaulzap Indian Reserve No. 29 lying to the north of Nass River to the northwest corner thereof, with said corner being the point of commencement.

Appendix G-3: Map And Metes And Bounds Description Of Bear Glacier Park

Bear Glacier Park

All that parcel or tract of Crown land, together with all that land or land covered by water lying below the present natural boundary, lying within the following described boundaries:

Commencing at the intersection of the southerly boundary of Stewart-Cassiar Highway (Highway 37A) with the middle line of an unnamed creek that flows southwesterly into Bear River, with said intersection lying on a bearing of 10 lo 15' 00", a distance of 708 metres, more or less, from the most northerly northeast corner of District Lot 5364, Cassiar District, being the "Some Fraction" Mineral Claim;

thence on an approximate bearing of 214" 04' 00", a distance of 900 metres, more or less, to the most easterly corner of District Lot 5362, being the "Heather No. 6" Mineral Claim;

thence in a general southerly direction along the easterly boundary of District Lot 5362 to the most southerly southeast corner thereof;

thence on a bearing of 226' 58' 00", a distance of 764 metres;

thence on a bearing of 192" 44' 00", a distance of 662 metres;

thence on a bearing of 182" 47' 00", a distance of 348 metres; thence on a bearing of 103" 22' 00", a distance of 609 metres;

thence on a bearing of 58" 13' 00", a distance of 2346 metres;

thence on a bearing of 102" 56' 00", a distance of 596 metres, more or less, to the middle line of the unnamed creek that flows in a general northerly direction into Strohn Lake;

thence northeasterly and northerly along the middle line of said unnamed creek a distance of 854 metres;

thence on a bearing of 94" 52' 00", a distance of 389 metres, more or less, to the middle line of the unnamed creek that flows northeasterly into Strohn Creek;

thence northeasterly along the middle line of said unnamed creek a distance of 800 metres, more or less, to the right natural boundary of Strohn Creek;

thence on a bearing of 0" 00' 00", a distance of 115 metres, more or less, to the southerly boundary of Stewart-Cassiar Highway (Highway 37A);

thence westerly along the southerly boundary of Stewart-Cassiar Highway (Highway 37A) to the point of commencement.

Excepting thereout the Ministry of Transportation and Highways "25 Mile South Pit", which can be more particularly described as:

Commencing at the intersection of the southerly boundary of Stewart-Cassiar Highway (Highway 37A) with the southerly boundary of Bear Glacier Rest Area Access Road;

thence southwesterly along the southerly boundary of Bear Glacier Rest Area Access Road a distance of 325 metres;

thence on a bearing of 163" 00' 00", a distance of 125 metres;

thence on a bearing of 79" 00' 00", a distance of 325 metres;

thence on a bearing of 338" 00' 00", a distance of 248 metres, more or less, to the point of commencement, and containing approximately 6.6 hectares.

Appendix H: Transitional Provisions For Forest Resources

PDF Version (847 Kb, 14 pages)

Table of contents

Schedule 1: Map of Forestry Transition period planning criteria for forest development plans

Definitions

1. In this Appendix:

  1. "volume of timber harvested under the licence" means the total of the following that are charged to the holder of the licence:
    1. the volume of timber cut under the licence and under road permits issued under the licence,
    2. the volume of timber estimated to be wasted or damaged under cutting permits and road permits issued under the licence, and
    3. the volume of timber cut by the holder of the licence anywhere on Nisga'a Lands, otherwise than in accordance with this Appendix and forest practices legislation;
  2. "Nisga'a Lands" has the same meaning as in this Agreement except that it does not include former Nisga'a Indian reserves, as defined in paragraph 1 of the Forest Resources Chapter; and
  3. other words and expressions that are defined in paragraph 1 of the Forest Resources Chapter have the same meaning in this Appendix as given in that Chapter.

Application

2. Except as otherwise provided, this Appendix applies to Nisga'a Lands during the transition period.

Cut Control

3. If the annual volume of timber apportioned to a licence under paragraph 18 of the Forest Resources Chapter is greater than 15, 000 m3, the volume of timber harvested under the licence will:

  1. for any transition year, not be less than 50%, nor more than 150%, of the annual volume of timber apportioned to that licence; and
  2. for the entire transition period, not exceed the lesser of:
    1. the total volume of timber apportioned to that licence, and
    2. the total volume of timber apportioned to that licence, less any reductions imposed under sections 5 or 7.

4. If the annual volume of timber apportioned to the licence under paragraph 18 of the Forest Resources Chapter is 15, 000 m3 or less, the volume of timber harvested under the licence during the transition period will not exceed the lesser of:

  1. the total volume of timber apportioned to that licence; and
  2. the total volume of timber apportioned to that licence, less any reductions imposed under section 7.

5. If in a transition year, a holder of a licence to which section 3 applies harvests a volume of timber that exceeds the specified limit for that year, the total volume apportioned to that licence for the transition period will be reduced by an amount equal to the excess.

6. Any timber harvest by a holder of a licence that is in excess of the total volume of timber apportioned to that licence is an unauthorized harvest, unless that volume was authorized in a cutting permit or road permit issued by the Forestry Transition Committee.

7. If in a transition year, a holder of a licence to which section 3 applies harvests a volume of timber that is less than the minimum limit specified in that section for that year, the total volume apportioned to that licence for the transition period will be reduced by an amount equal to the undercut below the minimum limit.

8. Any volume reductions to a licence under sections 5 or 7 will be prorated over the remaining years of the transition period.

9. Any prorated volume referred to in section 8 will be available to the Nisga'a Nation to harvest in accordance with this Appendix.

Status of Timber Harvesting Rights and Related Obligations on the Effective Date

Rights to Harvest Timber on Nisga'a Lands During the Transition Period

10. A cutting permit referred to in section 11, and any road permit associated with that cutting permit, remains valid until the first of the following occurs:

  1. the date specified in the permit;
  2. the first anniversary of the effective date; or
  3. the cancellation of the licence that is associated with the permit.

11. The cutting permits that section 10 applies to are:

TFL# 1 FL Al6882 FL Al6886
6AM 37 001
6AF 38  
7AN    
7A0    
8AT    
8AT    
8M    
8AL    
8AR    
6AJ    

12. A cutting permit or road permit that was issued before the effective date with the agreement of the Nisga'a Tribal Council under the Interim Protection Measures agreement entered into among Canada, British Columbia and the Nisga'a Tribal Council on December 5, 1996, as amended, remains valid until the first of the following occurs:

  1. the date specified in the permit;
  2. the second anniversary of the effective date; or
  3. the cancellation of the licence that is associated with the permit.

13. An authorization given under section 52 of the Forest Act before the effective date that authorizes an employee or agent of British Columbia, acting in the course of duties, to harvest timber on an area that, on the effective date, is Nisga'a Lands, remains valid if the authorization relates to road construction activities associated with a valid timber sale licence.

Status of Non-Cutting Authorities on the Effective Date

14. On the effective date, a road use permit that was issued before the effective date and was associated with activities referred to in sections 10, 11 or 12, or with a timber sale licence, remains valid until the first of the following occurs:

  1. the date specified in the permit;
  2. the first anniversary of the effective date; or
  3. the cancellation of any licence that is associated with the permit.

Status of Operational Plans on the Effective Date

15. On the effective date, any silviculture prescription approved or in effect on the day before the effective date, remains valid if it is associated with:

  1. a cutting permit referred to in sections 10, 11 or 12;
  2. a timber sale licence; or
  3. a harvested area.

16. On the effective date, any logging plan in effect on the day before the effective date remains valid if it is associated with:

  1. a cutting permit referred to in sections 10, 11 or 12; or
  2. a timber sale licence.

Continuing Obligations

17. British Columbia will fulfil on Nisga'a Lands all obligations imposed under forest practices legislation for areas that before the effective date were outside of a tree farm licence area and if the timber on the area was:

  1. damaged or destroyed by natural causes, unless, before the effective date, a determination has been made by the district manager under the Forest Practices Code of British Columbia Act that the area is too remote, too small or too inaccessible to warrant the preparation of a prescription; or
  2. cut, removed, damaged or destroyed in contravention of the Forest Practices Code of British Columbia Act by a person other than the holder of a major licence.

Forest Development Plan Requirements

Requirement For A Forest Development Plan

18. Subject to sections 10 to 12, harvesting or road related activities must not occur under a licence unless the holder of the licence has prepared a forest development plan that:

  1. has been approved by the Forestry Transition Committee; and
  2. is in effect before the activities take place.

19. The Nisga'a Nation will not carry out timber harvesting or road related activities in respect of the volume of timber specified in section 20 and subsection 21 (a) of the Forest Resources Chapter unless the Nisga'a Nation has prepared a forest development plan that:

  1. has been approved by the Forestry Transition Committee; and
  2. is in effect before the activities take place.

20. A person referred to in section 18 or 19 may apply to the Forestry Transition Committee for an exemption from the requirement to have an approved forest development plan if:

  1. the only harvesting that will take place on the area is:
    1. the felling and removal of trees to eliminate a safety hazard,
    2. the felling of trees to facilitate the collection of seed, and the proposed harvesting will not result in an opening of greater than one hectare, or
    3. the felling and removal of trees that have been or will be treated to facilitate entrapment of pests; and
  2. no road construction is required to provide access for the timber harvesting referred to in subsection (a).

Period and Term of a Forest Development Plan

21. A forest development plan will cover a period up to the end of the transition period, but will be for a shorter period if:

  1. the term of the licence to which the plan relates terminates before the end of the transition period; or
  2. the Forestry Transition Committee is satisfied that a plan cannot be developed to the end of the transition period because:
    1. a significant portion of the plan is for the harvesting of blowdown or timber damaged by insects or fire and the exact location of the damaged timber cannot be determined,
    2. there is insufficient timber available to provide operational activities for the required period, or
    3. other similar circumstances exist that prevent a plan being developed for the required period.

22. Unless otherwise specified by the Forestry Transition Committee, a forest development plan expires one year from the date of approval of the plan.

23. Before or after a forest development plan expires, the Forestry Transition Committee, may:

  1. extend the term of the forest development plan for a period or periods not exceeding a total of one year at the request of or with the consent of the person who prepared the plan; and
  2. place conditions on the extension.

Content of a Forest Development Plan

24. A forest development plan will address an area sufficient in size to include all areas affected by the timber harvesting and road construction or modification operations proposed under the plan.

25. A forest development plan will include maps, schedules and other information for the area under the plan, sufficient to permit adequate assessment by the Forestry Transition Committee and resource agencies of:

  1. the topography and natural features of the area under the plan; and
  2. the proposed timber harvesting and road construction or modification operations to be carried out under the plan.

26. Without limiting section 25, a forest development plan in respect of a licence will:

  1. contain information required under the Forest Practices Code of British Columbia Act and its regulations in respect of forest development plans for a holder of a major licence;
  2. contain information to the standard required by the district manager of the Kalum Forest District for a forest development plan in that forest district in respect of:
    1. logging method,
    2. silvicultural system,
    3. harvest season, and
    4. wildlife tree patches;
  3. specify for each cutblock where harvesting is proposed during the first two years of the plan:
    1. the maximum proportion of the area that may be occupied by permanent access structures,
    2. the maximum proportion of the net area to be reforested that may be occupied by temporary access structures, and
    3. the free growing stocking standards that will apply to the area;
  4. specify for each proposed road, the proposed right of way, which will not exceed 30 metres in width unless a greater width is approved by the Forestry Transition Committee; and
  5. unless otherwise authorized by the Forestry Transition Committee, be consistent with the relevant material specified for similar sites and conditions contained within Ministry of Forests guidebook publications associated with the Forest Practices Code of British Columbia Act, and the regulations under that Act.

27. Without limiting section 25, a forest development plan submitted by the Nisga'a Nation will contain the following:

  1. all information required under laws made under paragraph 6 of the Forest Resources Chapter; and
  2. for the area under the plan:
    1. the size, shape and location of cutblocks proposed for harvesting during the term of the plan, and
    2. the timing of proposed timber harvesting and related road construction, maintenance and deactivation.

28. A forest development plan will comply with the following constraints:

  1. timber harvesting is not permitted within the following areas as shown in Schedule 1 to this Appendix:
    1. the Nass Bottomlands polygon,
    2. any ecological reserve polygon,
    3. any archeological polygon, and
    4. 100 metres of either side of the centre line of the Grease Trail;
  2. timber harvesting of a road right of way is not permitted if that harvesting is for the sole purpose of facilitating the extraction of gravel;
  3. for the Pine Mushroom polygon as shown in Schedule 1 to this Appendix:
    1. timber harvesting, including that associated with roads, will retain a minimum of 80% of the forest cover at an age of at least 120 years, and
    2. silvicultural systems, other than for areas to be occupied by roads, will be a selection system and provide for retention of a minimum of 70% of the total basal area of the cutblock;
  4. for the Tseax polygon, as shown in Schedule 1 to this Appendix, timber harvesting will not result in more than 10% of the visual area having vegetation of a height of less than five metres;
  5. timber harvesting will not occur within one kilometre of former Kincolith IR #14, Lagaltsap IR #9, New Aiyansh IR #l or Gitwinksihlkw IR #7 without the agreement of the Village Government for the affected former Nisga'a Indian Reserve;
  6. timber harvesting will not occur within one kilometre of the Gingietl Creek Ecological Reserve without the agreement of the Gitwinksihlkw Village Government; and
  7. timber harvesting within one kilometre of Lava Bed Memorial Park will not result in more than 10% of the visual area having vegetation of a height of less than five metres.

29. A forest development plan will contain:

  1. if the plan is submitted by a holder of a licence, the signature of the holder or a person who has authority to sign the plan on behalf of the holder; and
  2. if the plan is submitted by the Nisga'a Nation, the signature of a person who has authority to sign the plan on behalf of the Nisga'a Nation.

30. Notwithstanding sections 25 to 28, if the Forestry Transition Committee determines that a timber harvesting activity that is proposed to be carried out is restricted to minor salvage operations, the Forestry Transition Committee may waive any of the forest development plan content requirements specified in those sections.

Review and Comment of a Forest Development Plan

31. The review and comment requirements of the forest practices legislation apply to forest development plans during the transition period.

32. Notwithstanding section 31, if the Forestry Transition Committee determines that a forest development plan or amendment is necessary to address an emergency, the Forestry Transition Committee may vary the review and comment requirements.

Evaluation of a Forest Development Plan

33. The Forestry Transition Committee:

  1. subject to subsection (b), will approve a forest development plan that meets the requirements of this Appendix; but
  2. may refuse to approve a cutblock or road proposed in the forest development plan that meets the requirements of this Appendix, if the Forestry Transition Committee determines that the plan, in respect of the matters referred to in section 26, does not adequately manage and conserve the forest resources on Nisga'a Lands.

34. Subject to sections 35 and 36 and the dispute resolution rules adopted under section 64, the Forestry Transition Committee will make a determination under section 33 within 45 days after receiving the submission.

35. Before concluding its evaluation of a forest development plan, the Forestry Transition Committee may require the person who submitted the plan to submit additional information that the committee reasonably requires to determine if the plan meets the requirements specified in this Appendix.

36. If the Forestry Transition Committee makes a request under section 35, the time period specified in section 34 is extended by the period of time between the request for additional information and the receipt of that information.

Silviculture Prescription Requirements

37. Timber harvesting, other than that associated with roads, must not occur under a licence without an approved silviculture prescription for the area.

38. The district manager will prepare a silviculture prescription for an area where the holder of a licence referred to in paragraph 29 of the Forest Resources Chapter has cut, removed, damaged or destroyed timber on Nisga'a Lands in contravention of the forest practices legislation.

39. The holder of a major licence will prepare and obtain approval of a silviculture prescription for an area where the holder has cut, removed, damaged or destroyed timber on Nisga'a Lands in contravention of the forest practices legislation.

40. A person referred to in sections 38 and 39 may apply to the district manager or the Forestry Transition Committee, as the case may be, for an exemption from the requirement to have an approved silviculture prescription.

Content of a Silviculture Prescription

41. A silviculture prescription will:

  1. be consistent with an approved forest development plan for the area, unless it is a silviculture prescription referred to in section 15;
  2. contain all information required under the Forest Practices Code of British Columbia Act and its regulations in respect of silviculture prescriptions, unless that information is contained within an approved forest development plan for the area; and
  3. unless authorized by the district manager or the Forest Transition Committee, as the case may be, be consistent with the relevant material specified for similar sites and conditions contained within Ministry of Forests guidebook publications associated with the Forest Practices Code of British Columbia Act and the regulations under that Act.

Evaluation of a Silviculture Prescription

42. The Forestry Transition Committee or the district manager, as the case may be:

  1. may require that a silviculture prescription be referred to resource agencies for review and comment; and
  2. will approve a silviculture prescription that meets the requirements of this Appendix unless it is determined that the silviculture prescription, in respect of matters referred to in section 41, does not adequately manage and conserve the forest resources on Nisga'a Lands.

43. Subject to sections 44 and 45 and the dispute resolution rules adopted under section 64, the Forestry Transition Committee will make a determination under section 42 within 45 snow free days after the silviculture prescription being submitted for approval.

44. Before concluding the evaluation of a silviculture prescription, the district manager or the Forestry Transition Committee, as the case may be, may require the person who submitted the prescription to submit additional information that the district manager or committee reasonably requires to determine if the prescription meets the requirements of this Appendix.

45. If a request is made under section 44, the time period specified in section 43 is extended by the period of time between the request for additional information and the receipt of that information.

Requirements For Permits

Cutting Permits

46. Subject to the dispute resolution rules adopted under section 64, the district manager, or the Forestry Transition Committee, as the case may be, will issue a cutting permit within 45 days after receiving an application for a cutting permit if the district manager or Forestry Transition Committee determines that:

  1. the person making the application has the right to harvest timber and that right is not under suspension;
  2. the application complies with the requirements specified in this Appendix and any requirements specified in the licence; and
  3. the application is completely consistent with all operational plans approved for the area.

Road Permits and Road Use Permits

47. A holder of a licence must have a valid road use permit issued by the Forestry Transition Committee to use a road for timber harvesting and related activities, unless the road is:

  1. a Crown road; or
  2. under a valid road permit held by the holder.

48. The Nisga'a Nation must have a valid road use permit issued by the Forestry Transition Committee to use a road for timber harvesting and related activities, if the road is:

  1. a Crown road; or
  2. subject to a valid road permit.

49. Subject to the dispute resolution rules adopted under section 64, the district manager or Forestry Transition Committee, as the case may be, will issue a road permit or road use permit within 45 snow free days after receiving an application for a road permit or road use permit if the district manager or Forestry Transition Committee determines that:

  1. the person making the application has the right to harvest timber and that right is not under suspension;
  2. the application complies with the requirements specified in this Appendix and any requirements specified in the licence; and
  3. the application is completely consistent with all operational plans approved for the area.

Burning Permits

50. Forest practices legislation with respect to burning permits applies to:

  1. timber harvesting and related activities by the holder of a licence on Nisga'a Lands: and
  2. all persons carrying out timber harvesting and related activities on Nisga'a Lands during the transition period.

Forest Practices

Silviculture

51. A free growing stand will be established within the net area to be reforested on all areas of Nisga'a Lands harvested by the holder of a licence during the transition period.

Forest Health

52. If the Forestry Transition Committee determines that there are insects or diseases causing damage to a forest on an area of Nisga'a Lands that is subject to a holder of a licence's forest development plan, the district manager will, in a notice given to the holder of the licence, order measures acceptable to the Forestry Transition Committee to be undertaken within a specified time to control or dispose of the insects or diseases.

Forest Operations on Nisga'a Lands After The Transition Period

53. Timber felled under a valid cutting permit issued to the holder of a licence may not be removed after the transition period, unless the holder of the licence:

  1. was unable to remove the timber prior to the end of the transition period as a result of events beyond the holder's control; and
  2. removes the timber within a period of not more than 30 days after the Nisga'a Nation and British Columbia determine that conditions allow for the removal.

54. A road permit or road use permit issued before the end of the transition period may authorize the holder of the permit to continue to use the road referred to in the permit after the transition period, to the extent necessary to:

  1. carry out fire hazard abatement activities;
  2. fulfil silviculture obligations; and
  3. complete road deactivation.

55. Activities referred to in section 54 must be completed within a reasonable time.

56. Until the activities referred to in sections 53 and 54 are completed, the requirements of this Appendix continue to apply, to the extent necessary to address those activities and their enforcement.

General

Nisga'a Contractors

57. A licence referred to in paragraph 27 of the Forest Resources Chapter will require the holder of the licence to use Nisga'a Contractors to harvest, during each transition year, the following percentages of the actual volume harvested under the licence:

  1. year 1   50%;
  2. year 2   70%;
  3. year 3   70%;
  4. year 4   70%; and
  5. year 5   70%.

58. Contracts referred to in section 57 will be for a term of five years, or until the end of the transition period, whichever period is shorter.

59. Notwithstanding section 57, in any transition year, the holder of a licence is relieved from the requirement in that section to the extent that no Nisga'a Contractor is reasonably available to carry out full phase logging of the required volume within that transition year.

Forestry Transition Committee

60. The Forestry Transition Committee consists of:

  1. the district manager or person authorized by the district manager; and
  2. a person authorized by the Nisga'a Nation.

61. British Columbia and the Nisga'a Nation are each responsible for the respective costs associated with their member of the Forestry Transition Committee.

62. The Forestry Transition Committee has the following mandate:

  1. to evaluate all matters associated with operational plans, and permits referred to it in paragraph 33 of the Forest Resources Chapter, including approvals, amendments, extensions and exemptions;
  2. to annually evaluate and report on the cut control status of each holder of a licence to which section 3 applies and to impose any resultant cut control reductions;
  3. to determine the volume of timber, if any, available under section 9 for harvesting by the Nisga'a Nation; and
  4. to provide to British Columbia, the Nisga'a Nation and Canada an annual report concerning:
    1. the cut control status, and
    2. the expenses incurred by the Forestry Transition Committee during the preceding transition year.

63. The Forestry Transition Committee is not responsible for the completeness and accuracy of information provided to it by British Columbia, the Nisga'a Nation or the holder of a major licence.

Dispute Revolution

64. The Forestry Transition Committee will adopt rules for arbitration of disputes referred to in paragraph 38 of the Forest Resources Chapter.

65. The rules referred to in section 64 will provide that, unless the members of the Forestry Transition Committee otherwise agree, any arbitration will be resolved within 45 days.

Annual Reporting

66. British Columbia will, for each year of the transition period, provide to the Nisga'a Nation a summary of compliance and enforcement activities on Nisga'a Lands.

67. British Columbia will, on a quarterly basis, provide to the Nisga'a Nation a summary of timber marking and scale returns on Nisga'a Lands.

Same Economic Position

68. British Columbia will pay to the Nisga'a Nation an amount for each cubic metre of timber harvested by a holder of a licence during the transition period.

69. The amount referred to in section 68 will be:

  1. $6 per cubic metre; or
  2. if either billed stumpage or industry performance exceeds $6 per cubic metre:
    1. billed stumpage determined in accordance with the Ministry of Forests Interior Appraisal Manual, and
    2. industry performance up to a maximum of $10 per cubic metre, determined as the value per cubic metre of the timber as at the date of scaling on the Vancouver Log Market, less the appraised operating costs per cubic metre for that volume.

70. British Columbia and the Nisga'a Nation will determine a conversion factor for estimating the Vancouver Log Market value of timber harvested on Nisga'a Lands by species and grade.

71. The operating costs referred to in subsection 69(b)(ii) will be the costs associated with each timber mark on Nisga'a Lands as determined in accordance with the Ministry of Forests Interior Appraisal Manual, and will include the following:

  1. development costs;
  2. harvesting costs;
  3. transportation costs, including any barging cost adjustment;
  4. administration costs;
  5. post-logging treatment costs;
  6. silviculture costs; and
  7. stumpage costs.

72. The amounts referred to in subsections 69(a) and (b)(ii) will be adjusted annually for inflation using the Canada Final Domestic Demand Implicit Price Index, as agreed to by the Nisga'a Nation and British Columbia, commencing on the second anniversary of the effective date.

73. Every three months, British Columbia will pay to the Nisga'a Nation the amount referred to in subsection 69 (a).

74. In addition to the payment referred to in section 73, British Columbia will pay to the Nisga'a Nation, on a semi-annual basis unless otherwise agreed to by British Columbia and the Nisga'a Nation, an amount equal to the difference between the amount calculated under subsection 69(b) and the amount that was paid under section 73.

75. British Columbia will provide the Nisga'a Nation with quarterly reports on the volume of timber harvested from Nisga'a Lands by timber mark, specifying:

  1. species and grade;
  2. scale date; and
  3. billed stumpage.

76. British Columbia will provide the Nisga'a Nation with a report on operating costs by timber mark at the same frequency as specified in section 74.

77. British Columbia will pay the Nisga'a Nation any amount recovered from a holder of a licence for having negligently caused or contributed to a forest fire on Nisga'a Lands during the transition period.

78. The amount referred to in section 77 will be net of any reasonable costs incurred by British Columbia in controlling or suppressing a forest fire on Nisga'a Lands.

Appendix I: Maps of Nass Area and Areas for Bivalve Harvesting

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Table of contents

Appendix I-1: Map of Nass Area with General Location of Intertidal Zones for Bivalve Harvesting

Appendix I-2: Map of Observatory Inlet Bivalve Harvesting Area

Map of Observatory Inlet Bivalve Harvesting Area

Appendix I-3: Map of Nasoga'a Gulf Bivalve Harvesting Area

Map of Nasoga'a Gulf Bivalve Harvesting Area

Appendix I-4: Map of Winter Inlet Bivalve Harvesting Area

Map of Winter Inlet Bivalve Harvesting Area

Appendix J: Nass Wildlife Area

PDF Version (1,956 Kb, 5 Pages)

Map and Metes and Bounds Description of the
Nass Wildlife Area

Nass Wildlife Area

All that parcel or tract of land, together with all that land covered by water lying below the present natural boundaries, situated in Range 5 Coast and Cassiar Districts, and lying within the following described area:

Commencing at boundary Point No. 7 (formerly known as Point "D"), being a monument set by survey upon the ground on the International Boundary between Canada and Alaska;

thence in a straight line to the nearest point on the westerly boundary of the watershed of Bear River;

thence northerly along the westerly boundary of the watershed of Bear River to the northerly boundary of said watershed:

thence easterly along the northerly boundary of the watershed of Bear River to the westerly boundary of the watershed of Surprise Creek;

thence northerly along the westerly boundary of the watershed of Surprise Creek to the northerly boundary of said watershed;

thence in a general easterly direction along the northerly boundaries of the watersheds of Surprise Creek, Hanna Creek, and Tintina Creek to the easterly boundary of the watershed of Tintina Creek;

thence southerly along the easterly boundary of the watershed of Tintina Creek to the northerly boundary of District Lot 2473, Cassiar District;

thence easterly along the northerly boundary of District Lot 2473 to the northeast corner thereof; thence on a bearing of 90° to the left natural boundary of Nass River;

thence in a general northeasterly direction along the left natural boundary of Nass River to the left natural boundary of Vile Creek;

thence in a general southeasterly direction along the left natural boundary of Vile Creek to the point where the left natural boundary of Vile Creek meets the left natural boundary of the most easterly northeasterly flowing fork thereof;

thence on a bearing of 135° to the easterly boundary of the watershed of Nass River; thence southerly and southwesterly along the easterly and southeasterly boundaries of the watershed of Nass River to the northerly boundary of the watershed of Khutzeymateen River;

thence westerly along the northerly boundary of the watershed of Khutzeymateen River and continuing westerly along the northerly boundary of the watersheds of those streams flowing southerly into Khutzeymateen Inlet to the ridge that separates those streams flowing northwesterly into Steamer Passage from those flowing northerly into Kwinamass Bay;

thence northwesterly along the ridge that separates those streams flowing northwesterly into Steamer Passage from those flowing northerly into Kwinamass Bay produced to the most northerly point on the natural boundary of Godu Point; thence on a bearing of 340° to the middle line of Portland Inlet;

thence southwesterly along the middle line of Portland Inlet to the southeasterly prolongation of the middle line of Wales Passage:

thence northwesterly to and along the middle line of Wales Passage, passing to the east of York Island, and continuing northwesterly along the northwesterly prolongation of the middle line of Wales Passage produced to the International Boundary between Canada and Alaska;

thence in a general northerly direction along the International boundary between Canada and Alaska to boundary Point No. 7 (formerly known as Point "D"), being a point thereon, and also being the point of commencement.

Appendix K: Map of Guide Outfitter Area

PDF Version (1,683 Kb, 3 Pages)

Map of Guide Outfitter Area with the General Location of the Nisga'a Commercial Recreation Tenure Areas

Map of Guide Outfitter Area with the General Location of the Nisga'a Commercial Recreation Tenure Areas

Appendix L: Cultural Artifacts and Heritage

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Table of contents

Appendix L-1: Nisga'a Artifacts To Be Transferred From The Canadian Museum Of Civilization To The Nisga'a Nation

Catalogue No. Object Catalogue No. Object
V11-C-22 Soul catcher V11-C-245 Charm
V11-C-23 Charm V11-C-247 Charm
V11-C-24 Charm V11-C-264 Charm
V11-C-25 Charm V11-C-266 Charm
V11-C-28 Charm V11-C-272 Charm
V11-C-2097 Rattle V11-C-276 Charm
V11-C-1045 Mask V11-C-277 Charm
V11-C-2225 Sculpture V11-C-284 Charm
V11-C-360 Neck ring V11-C-286 Charm
V11-C-412 Headdress V11-C-159 Soul catcher
V11-C-323 ab Mask V11-C-168 Soul catcher
V11-C-1733 Apron V11-C-169 Soul catcher
V11-C-1735 Headdress V11-C-170 Soul catcher
V11-C-1756 Neck ornament V11-C-171 Soul catcher
V11-C-1749 Rattle V11-C-172 Soul catcher
V11-C-1801 Soul catcher V11-C-187 Soul catcher
V11-C-1774 Mask V11-C-199 a-c Soul catcher
V11-C-1790 Mask V11-C-249 Soul catcher
V11-C-190 Charm V11-C-280 Soul catcher
V11-C-191 Charm V11-C-281 b-f Soul catcher
V11-C-193 c Charm V11-C-282 b,c Soul catcher
V11-C-194 ab Charm V11-C-175 Figure
V11-C-196 ab Charm V11-C-176 Figure
V11-C-197 ab Charm V11-C-181 Figure
V11-C-198 Charm V11-C-189 Figure
V11-C-201 Charm V11-C-193 abde Figure
V11-C-206 Charm V11-C-242 Figure
V11-C-213 a Charm V11-C-247 Figure
V11-C-244 Charm V11-C-251 Figure
V11-C-252 Figure V11-C-152 Rattle
V11-C-253 Figure V11-C-153 Rattle
V11-C-265 Figure V11-C-154 Rattle
V11-C-267a Figure V11-C-215 Rattle
V11-C-267b Figure V11-C-163 Whistle
V11-C-270 Figure V11-C-179 Whistle
V11-C-243 a-f Charm V11-C-257 Whistle
V11-C-254 Charm V11-C-174 Scratcher
V11-C-255 Charm V11-C-184 Scratcher
V11-C-268 a-f Charm V11-C-185 Scratcher
V11-C-278 Charm V11-C-188 Scratcher
V11-C-279 Charm V11-C-241 Scratcher
V11-C-281 a Charm V11-C-250 Scratcher
V11-C-282 a Charm V11-C-283 Charm
V11-C-285 a-c Charm V11-C-287 Charm
V11-C-288 Charm V11-C-2315 Charm
V11-C-2314 Charm V11-C-269 Tooth
V11-C-202 ab Charm V11-C-203 Charm
V11-C-204 Charm V11-C-211 a-e Charm
V11-C-212 a-g Charm V11-C-205 Charm
V11-C-207 Charm V11-C-208 Charm
V11-C-209 Charm V11-C-2143 Charm
V11-C-123 Charm V11-C-124 Charm
V11-C-147 Charm V11-C-291 Charm
V11-C-149 Rattle V11-C-151 Rattle
V11-C-248 Bone    

Appendix L-2: Nisga'a Artifacts To Be Shared By The Canadian Museum Of Civilization And The Nisga'a Nation

Catalogue No. Object Catalogue No. Object
V11-C-20 Drinking cup V11-C-43 Spoon
V11-C-434 Grease dish V11-C-44 Spoon
V11-C-435 Grease bowl V11-C-45 Spoon
V11-C-95 Club (slave killer) V11-C-46 Spoon
V11-C-79 Axe (stone) V11-C-47 Spoon
V11-C-21 Mortar (lime) V11-C-48 Spoon
V11-C-460 Maul V11-C-49 Spoon
V11-C-29ab Earings V11-C-50 Spoon
V11-C-30 Earing V11-C-51 Spoon
V11-C-31 Earing V11-C-52 Spoon
V11-C-1816 Earing V11-C-54 Spoon
V11-C-1817 Earing V11-C-55 Spoon
V11-C-1820 Earing V11-C-56 Spoon
V11-C-1821 Earing V11-C-57 Spoon
V11-C-1813 Ornament (nose) V11-C-58 Spoon
V11-C-1814 Nose ornament V11-C-59 Spoon
V11-C-1815 Ornament V11-C-60 Spoon
V11-C-1818 Ornament V11-C-61 Spoon
V11-C-1819 Ornament V11-C-62 Spoon
V11-C-67 Labret V11-C-63 Spoon
V11-C-430 Pipe V11-C-64 Spoon
V11-C-27 Spindle whorl V11-C-65 Spoon
V11-C-177 Frontlet V11-C-66 Spoon
V11-C-36 Spoon V11-C-71 Spoon
V11-C-37 Spoon V11-C-72 Spoon
V11-C-38 Spoon V11-C-73 Spoon
V11-C-39 Spoon V11-C-1974 Spoon
V11-C-40 Spoon V11-C-328 Headdress
V11-C-41 Spoon V11-C-326 Mask
V11-C-42 Spoon V11-C-327 Mask
V11-C-1843 Figure (goat head) V11-X-716 Knife
V11-C-1844 Figure (totem pole model) V11-C-1753a-c Box
V11-C-94 Club (slave killer) V11-C-1730 Board (carved)
V11-C-1046 Mask V11-C-1734 Staff
V11-C-1427 Mask V11-C-1713 Stick
V11-C-1183 ab Chest V11-C-1748 Blanket (button)
V11-C-481 Hat (fighting cap) V11-C-1786 Rattle
V11-C-482 Hat (fighting cap) V11-C-1801 Figure (soul catcher)
V11-C-312 Mask V11-C-1802 Figure
V11-C-313 Mask V11-C-1754 Figure
V11-C-314 Mask V11-C-1755 Whistle
V11-C-315 Mask V11-C-1725 Mask
V11-C-316 Mask V11-C-1729 Mask
V11-C-317 Mask V11-C-1759 Mask
V11-C-318 Mask V11-C-1760 Mask
V11-C-319 Mask V11-C-1761 Mask
V11-C-320 Mask V11-C-1762 Mask
V11-C-321 Mask V11-C-1763 Mask
V11-C-322 Mask V11-C-1769 Mask
V11-C-324 Mask V11-C-1771 Mask
V11-C-325a Mask V11-C-1772 Mask
V11-C-458 Maul V11-C-1773 Mask
V11-C-108 Whetstone V11-C-1779 Mask
V11-C-437 Hammer V11-C-1031 Clams
V11-C-438 Hammer V11-C-1363 Food
V11-C-443 Hammer V11-C-1421 Food
V11-C-210a Pendant V11-C-1164ab Fire-making equipment
V11-C-112 Spoon V11-C-1424 Adze
V11-C-210b Spoon V11-C-1469 Maul
V11-C-118 Feast dish V11-C-1398 Hook
V11-C-119 Feast dish V11-C-1399 Hook
V11-C-1717 Spoon V11-C-1400 Hook
V11-C-1743 Grind stone V11-C-1401 Hook
V11-C-1726 Gambling equipment V11-C-1402 Hook
V11-C-1824a-d Gambling equipment V11-C-1403 Hook
V11-C-1751 Grease dish V11-C-1404 Hook
V11-C-1732ab Dagger V11-C-1405 Hook
V11-C-1470 Drum V11-C-1832 Spoon
V11-C-1394 Rattle V11-C-121 Ornament
V11-C-1425 Rattle V11-C-271 Ornament
V11-C-1417 Frontlet V11-C-290 Bracelet
V11-C-1707 Figure (min. totem pole) V11-C-260 Robe/Blanket
V11-C-1471 Figure (White Squirrel) V11-C-259 Robe/Blanket(Chilkat)
V11-C-1798 Figure (plaque) V11-C-132ab Leggings
V11-C-1706 Totem pole V11-C-133ab Leggings
V11-C-2146 Totem pole V11-C-178 Frontlet
V11-C-2147 Totem pole V11-C-182 Labret
V11-C-739 Mask V11-C-183 Labret
V11-C-1165 Mask V11-C-192 Labret
V11-C-1396 Mask V11-C-149 Rattle (shaman)
V11-C-1468 Mask V11-C-151 Rattle (shaman)
V11-C-1473 Mask V11-C-152 Rattle
V11-C-1474 Mask V11-C-156 Rattle
V11-C-1475 Mask V11-C-157 Rattle
V11-C-1182 Figure (marionette) V11-C-214 Rattle
V11-C-1397 ab Figure V11-C-105 Spoon
V11-C-1481 Figure (stone) V11-C-126 Spoon
V11-C-706 Spoon V11-C-218 Spoon
V11-C-1378abdefhij Spoons (8) V11-C-219 Spoon
V11-C-1379abc Spoons (3) V11-C-220 Spoon
V11-C-1380 Spoon V11-C-221 Spoon
V11-C-1381abc Spoons (3) V11-C-222 Spoon
V11-C-1382 Spoon V11-C-223 Spoon
V11-C-1383 Spoon V11-C-225 Spoon
V11-C-1384 Spoon V11-C-226 Spoon
V11-C-1385 Spoon V11-C-227 Spoon
V11-C-1386 Spoon V11-C-228 Spoon
V11-C-1408 Spoon V11-C-229 Spoon
V11-C-1410 Spoon V11-C-230 Spoon
V11-C-1411 Spoon V11-C-231 Spoon
V11-C-1829 Spoon V11-C-232 Spoon
V11-C-1830 Spoon V11-C-233 Spoon
V11-C-1831 Spoon V11-C-234 Spoon
V11-C-237 Spoon V11-C-235 Spoon
V11-C-238 Spoon V11-C-236 Spoon
V11-C-239 Spoon V11-C-139 Gambling Equipment
V11-C-274 Spoon V11-C-141 Gambling Equipment
V11-C-1914 Spoon V11-C-142 Gambling Equipment
V11-C-114 Dish V11-C-143 Gambling Equipment
V11-C-115 Dish V11-C-144 Gambling Equipment
V11-C-117 Dish V11-C-145 Gambling Equipment
V11-C-122 Dish (grease) V11-C-146 Gambling Equipment
V11-C-130 Basket V11-C-148 Gambling Equipment
V11-C-131 Basket V11-C-195 Gambling Equipment
V11-C-135 Basket V11-C-275 Gambling Equipment
V11-C-136 Basket V11-C-100 Gambling Equipment
V11-C-106ab Box V11-C-101 Gambling Equipment
V11-C-107ab Chest V11-C-102 Gambling Equipment
V11-C-109 Chest V11-C-309 Arrow
V11-C-128 Chest V11-C-310 Arrow
V11-C-292 Mat V11-C-167 Dagger
V11-C-125 Net (dip) V11-C-180 Dagger
V11-C-295 Arrow V11-C-161 Knife
V11-C-296 Arrow V11-C-216 Knife
V11-C-297 Arrow V11-C-129 Loom
V11-C-298 Arrow V11-C-217 Spindle
V11-C-299 Arrow V11-C-164 Gauge (lancet)
V11-C-300 Arrow V11-C-127 Peeler
V11-C-301 Arrow V11-C-289 Hammer
V11-C-302 Arrow V11-C-186 Adze
V11-C-303 Arrow V11-C-246 Adze
V11-C-304 Arrow V11-C-258 Adze
V11-C-305 Arrow V11-C-261 Adze
V11-C-306 Arrow V11-C-263 Adze
V11-C-307 Arrow V11-C-293 Adze
V11-C-308 Arrow V11-C-480 Mortar (stone)

Appendix L-3: Nisga'a Artifacts To Be Transferred From The Royal British Columbia Museum To The Nisga'a Nation

Artifact No. Object Artifact No. Object
1723 Stone Adze 1567 Charm
1528 Amalite 1568 Charm
9534 Amalite 1569 Charm
9683 Amalite 1579 Charm
10032 Amalite 1585 Charm
1701 Arrow point 1587 Charm
10057 Point 1590 Charm
17371 Arrow shaft 1597 Charm
17372 Arrow shaft 9544 Charm
17373 Arrow shaft 9545a Charm (1)
17374 Point 9547/ c, al, ae, aj Charms (19)
17375 Arrow shaft ak, ag, p, j, ai, k, f, z, t, u, r, v, ad, and y
17376 Arrow shaft 9674 Charm
1610 Paint bag 9676 Charm
1682 Bag 9678 Charm
9639 Bag 10034 Charm
9911 Bag 10035 Charm
1603 Down bag 10037 Charm
1582 Basket 10039 Charm
1532 Button blanket 10041 Charm
9535 Chilkat blanket 10055 Charm
1641 Tray 1636a, b Chest and lid
9623 Tray 9682a, b Chest and lid
9915 Bowl 1719/GgTj 6:8 Jade chisel
1564a,b Box and lid 1699/GgTj 6:1 Club
9542a,b Box and lid 1634 a-d Cradle and accessories
1605 Wooden dance hat 1573 Crown/all part of Dr.'s

regalia (1564-74)
9688 Bear ear headdress
1511 Carving 1574 Crown/all part of Dr.'s

regalia (1564-74)
1519 Carving
1565 Charm 2883 Crown
1566 Charm 9642 Crown
9686 Crown 1617 Gauge (?)
1625 Dagger 1618 Raw material
9538 Dagger 1632 Mortuary model
1533 Dance apron 1633 Weasel skin
1554 Dance apron 1675 Paint brush
1571 Dance apron 1676/GgTj 7:3 Paint
1613 a-ax Gambling sticks and bag 1703/GgTj-Y: 1 Stone maul
9539 Copper
1616 Gambling stick 9638 Case
1706/GT-Y6 Stone hammer 9693 Wood figure
1708/GgTj 1:1 Stone hammer 1483a,b Totem pole
1710/GgTj 1:2 Stone hammer 1717/GgTj 7:4 Mortar
16402 Hook 1717/GgTj 6:7 Mortar
1644 Ladle 1537a Head ring
1652 Ladle 1537b Neck ring
1653 Ladle 1538 Neck ring
1501 Mask 1539 Neck ring
1503 Mask 1540 Neck ring
1505 Mask 1713/GgTj 6:5 Pestle
1507 a,b Mask and accessory 9664 Wood pipe
1509 a,b Mask and accessory 1558 Rattle
1514 Mask 1560 Rattle
1515 Mask 1570 Rattle/ all part of Dr.'s regalia (1564-74)
1516 Mask
1518 Mask 1572 Rattle/ all part of Dr.'s regalia (1564-74)
1523 Mask
1525 Mask 1584 a,b Pectin shell
1527 Mask 9685 Rattle
9641 Mask 1686 Scraper
9695 Mask 1689 Scraper
9696 Mask 9622 a,b Scratchers (2)
9715 Mask 9619 Soul catcher
9718 Mask 1690 Loom
9912a,b Mask 1693 Spindle whorl
1621 Stone mirror 1696 Needle
1623 Stone mirror 1648 Spoon
1499 Screen 1649 Spoon
1611 Clapper 1651 Spoon
1656 Spoon 9635 Spoon
1659 Spoon 9637 Spoon
1661 Spoon 10031 Spoon
1662 Spoon 10045 Spoon
1668 c, b, j, a, i, f Spoons (6) 1591/GgTj 7:1 Fasting stone
9624 Spoon 1593 Stone
9628 Spoon 9690 Tumpline
9631 Spoon 17186 a,b Snowshoes
9632 Spoon 1520 Mask
9633 Spoon 1521 Mask
9634 Spoon 1522 Mask

Appendix L-4: Nisga'a Artifacts To Be Held By The Royal British Columbia Museum

Artifact No. Object Artifact No. Object
1724/GhTgs: 1 Stone adze 17487 Brooch
13286 Stone adze 18166 Brooch
1529 Amalite 1531 Cap
14310 Amalite 10053 Helmet
14319 Frontlet 1500 Carving
1702 Arrow point 1512 Carving
1684 Bag 1535 Carving
9640 Bag 13329 Carving fragment
12711 Down bag 1549 Charm
12712 Down bag 1578 Charm
4815 Bailer 1583 a,b Charm
13284 Bailer 1586 Charm
1683 Basket 1588 Charm
15199 Basket 1589 Charm
1609 Chilkat blanket 1594 Charm
14294 Chilkat blanket 1595 Charm
14927 Blanket 1596 Charm
15193 Button blanket 9545 b Charm
1640 Dish 9546 Charm
1669 Tray 9547

b,g,l,a, af, ah, m,

n, o, h, d, q, s, x,

ab, w, aa, ac, and e
Charms (19)

in Du. 26
13093 Bowl
14713 a,b Bowl and lid
15088 Bowl
16177 Dish 9621 Charm (1)
16187 Dish 9675 Charm
18164 Bowl 9677 Charm
448 Box 9679 Charm
1637 a,b Box and lid 9680 Charm
14333 Box 9681 Charm
16109 Pendant 10036 Charm
16891 Bracelet 10038 Charm
16892 Bracelet 10040 Charm
10054 Charm 1510 a,b Mask and accessories
1635a, b Chest and lid 1517 Mask
1720 Jade Chisel 1524 Mask
1608 Sash 1526 Mask
14314a, b Gloves 9694 Mask
14316a, b Chilkat leggings 9714 Mask
14649 Shirt 9717 Mask
14297 Copper club/
See in the Wake of
the War Canoe
(page 280)
9913 Mask
14306 Mask
14307 Mask
14308 Mask
15907 Cradle 14309 Mask
1545 Crown 14318 Mask
1546 Crown 15082 Mask
9536 Crown 19036 Mask
14312 Crown 1622 Stone mirror
14313 Crown 10030 Stone mirror
14315a, b Dagger and sheath 14331 Slate mirror
1555 Dance apron 1513 Dance prop
14293 Dance apron/
See PN 9637
1563 Staff
1642 Skimmer
14330 Dance apron 1685 Mar
1612 a-au Gambling sticks and
bag
1688 Chopping block
9540 a,b Carved hands
1615 a-av Gambling sticks and
bag
9543 Teeth (27)
11163 a,b Objects (2)
1707/GgTj 6:4 Stone hammer 13283 Whistle
1709/GT-Y:7 Stone hammer 13704 Paddle
1711/GT-Y:8 Stone hammer 14291 Puppet
14329 Hook 14299 Cane
1643 Laddle 14302 Labret
1645 Laddle 17803 Card
13328 Laddle 1716/GgTj 6:6 Mortar
14320 Laddle 2882/GfTl-Y:1 Stone Mortar
14321 Laddle 2886 Head ring
1502 Mask 2887 Head ring
1504 Mask 2888 Head ring
1506 Mask 2889 Neck ring
1508 a,b,c Mask and accessories 1660 Spoon
14932 Neck ring 1668/ d, g, k, e, h, l Spoon (6)
1712/GgTj 2:l Pestle 9625 Spoon
13285 Stone pestle 9626 Spoon
14301a, b Wood pipe 9627 Spoon
15331a, b Print 9629 Spoon
15332a, b Print 9630 Spoon
15333a, b Print 9636 Spoon
15380a, b Print 14305 Soapberry spoons (4)
15518a, b Print 14322 Spoon
15755 Print 14323 Spoon
16020 Print 14324 Spoon
16137 Print 14325 Spoon
16289 Print 14326 Spoon
16673 Print 14327 Spoon
16674 Print 14965 a-c Spoons (3)
17249 Print 1592/GgTj 7:2 Fasting stone
17250 Print 9691 Tumpline
17251 Print 14994 Tumpline
1305 Rattle 1695 Needle
1559 Rattle 1697 Needle
14295 Rattle 9689 Loom
14296 Rattle 15908a, b Whorl and spindle
14311 Rattle 1647 Spoon
15848 Rattle 1650 Spoon
1387 Scraper 1657 Spoon
1687 Scraper 1658 Spoon
9692 Scratcher    
9620 Soul catcher    
1692a, b Whorl and spindle    
1694 Spindle rest    

Appendix M: Dispute Resolution

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Table of contents

Appendix M - 1: Collaborative Negotiations

1. In this Appendix:

  1. "Chapter" means the Dispute Resolution Chapter;
  2. "Party" means a participating Party to collaborative negotiations under this Appendix; and
  3. "Section" means a section in this Appendix.

General

2. Collaborative negotiations commence:

  1. on the date of delivery of a written notice requiring the commencement of collaborative negotiations; or
  2. in the case of negotiations in the circumstances described in subparagraph 7(c) of the Chapter, on the date of the first negotiation meeting.

Notice

3. A notice under paragraph 15 of the Chapter requiring the commencement of collaborative negotiations will include the following:

  1. the names of the parties directly engaged in the disagreement;
  2. a brief summary of the particulars of the disagreement;
  3. a description of the efforts made to date to resolve the disagreement;
  4. the names of the individuals involved in those efforts; and
  5. any other information that will help the parties.

Representation

4. A party may attend collaborative negotiations with or without legal counsel.

5. At the commencement of the first negotiation meeting, each party will advise the other parties of any limitations on the authority of its representatives.

Negotiation Process

6. The parties will convene their first negotiation meeting in collaborative negotiations, other than those described in subparagraph 7(c) of the Chapter, within 21 days after the commencement of the collaborative negotiations.

7. Before the first scheduled negotiation meeting, the parties will discuss and attempt to reach agreement on any procedural issues that will facilitate the collaborative negotiations, including the requirements of paragraph 26 of the Chapter.

8. For purposes of subparagraph 26(a) of the Chapter, "timely disclosure" means disclosure made within 15 days after a request for disclosure by a party.

9. The parties will make a serious attempt to resolve the disagreement by

  1. identifying underlying interests;
  2. isolating points of agreement and disagreement;
  3. exploring alternative solutions;
  4. considering compromises or accommodations; and
  5. taking any other measures that will assist in resolution of the disagreement.

10. No transcript or recording will be kept of collaborative negotiations, but this does not prevent a person from keeping notes of the negotiations.

Confidentiality

11. In order to assist in the resolution of a disagreement, collaborative negotiations will not be open to the public.

12. The parties, and all persons, will keep confidential:

  1. all oral and written information disclosed in the collaborative negotiations; and
  2. the fact that this information has been disclosed.

13. The parties will not rely on or introduce as evidence in any proceeding, whether or not that proceeding relates to the subject matter of the collaborative negotiations, any oral or written information disclosed in or arising from the collaborative negotiations, including:

  1. any documents of other parties produced in the course of the collaborative negotiations that are not otherwise produced or producible in that proceeding;
  2. any views expressed, or suggestions made, by any party in respect of a possible settlement of the disagreement;
  3. any admissions made by any party in the course of the collaborative negotiations, unless otherwise stipulated by the admitting party; and
  4. the fact that any party has indicated a willingness to make or accept a proposal for settlement.

14. Sections 12 and 13 do not apply:

  1. in any proceeding for the enforcement or setting aside of an agreement resolving the disagreement that was the subject of the collaborative negotiation;
  2. if the adjudicator in any proceeding determines that the interests of the public or the administration of justice outweigh the need for confidentiality; or
  3. if the oral or written information referred to in these sections is in the public forum.

Right to Withdraw

15. A party may withdraw from collaborative negotiations at any time.

Termination of Collaborative Negotiations

16. Collaborative negotiations are terminated when any of the following occurs:

  1. the expiration of:
    1. 30 days, or
    2. in the case of collaborative negotiations in the circumstances described in subparagraph 7(c) of the Chapter, 120 days
    after the first scheduled negotiation meeting, or any longer period agreed to by the parties in writing;
  2. a party directly engaged in the disagreement withdraws from the collaborative negotiations under section 1.5;
  3. the parties agree in writing to terminate the collaborative negotiations; or
  4. the parties directly engaged in the disagreement sign a written agreement resolving the disagreement.

Appendix M - 2: Mediation

Definitions

1. In this Appendix:

  1. "Chapter" means the Dispute Resolution Chapter of the Agreement;
  2. "Party" means a participating Party to a mediation under this Appendix; and
  3. "section" means a section in this Appendix.

General

2. A mediation commences on the date the Parties directly engaged in the disagreement have agreed in writing to use mediation, or are deemed to have agreed to use mediation, under paragraph 24 of the Chapter.

Appointment of Mediator

3. A mediation will be conducted by one mediator jointly appointed by the parties.

4. A mediator will be:

  1. an experienced and skilled mediator, preferably with unique qualities or specialized knowledge that would be of assistance in the circumstances of the disagreement; and
  2. independent and impartial.

5. If the parties fail to agree on a mediator within 15 days after commencement of a mediation, the appointment will be made by the neutral appointing authority on the written request of a party that is copied to the other parties.

6. Subject to any limitations agreed to by the parties, a mediator may employ reasonable and necessary administrative or other support services.

Requirement to Withdraw

7. At any time a party may give the mediator and the other parties a written notice, with or without reasons, requiring the mediator to withdraw from the mediation on the grounds that the party has justifiable doubts as to the mediator's independence or impartiality.

8. On receipt of a written notice under section 7, the mediator must immediately withdraw from the mediation.

9. A person who is a Nisga'a citizen, or related to a Nisga'a citizen, must not be required to withdraw under section 7 solely on the grounds of that citizenship or relationship.

End of Appointment

10. A mediator's appointment terminates if:

  1. the mediator is required to withdraw under section 8;
  2. the mediator withdraws from office for any reason; or
  3. the parties agree to the termination.

11. If a mediator's appointment terminates, a replacement mediator will be appointed using the procedure in sections 3 to 5 and the required time period commences from the date of termination of the appointment.

Representation

12. A party may attend a mediation with or without legal counsel.

13. If a mediator is a lawyer, the mediator must not act as legal counsel for any party.

14. At the commencement of the first meeting of a mediation, each party will advise the mediator and the other parties of any limitations on the authority of its representatives.

Conduct of Mediation

15. The parties will:

  1. make a serious attempt to resolve the disagreement by:
    1. identifying underlying interests,
    2. isolating points of agreement and disagreement,
    3. exploring alternative solutions, and
    4. considering compromises or accommodations; and
  2. cooperate fully with the mediator and give prompt attention to, and respond to, all communications from the mediator.

16. A mediator may conduct a mediation in any manner the mediator considers necessary and appropriate to assist the parties to resolve the disagreement in a fair, efficient, and cost-effective manner.

17. Within seven days of appointment of a mediator, each party will deliver a brief written summary to the mediator of the relevant facts, the issues in the disagreement, and its viewpoint in respect of them and the mediator will deliver copies of the summaries to each party at the end of the seven day period.

18. A mediator may conduct a mediation in joint meetings or private caucus convened at locations the mediator designates after consulting the parties.

19. Disclosures made by any party to a mediator in private caucus must not be disclosed by the mediator to any other party without the consent of the disclosing party.

20. No transcript or recording will be kept of a mediation meeting but this does not prevent a person from keeping notes of the negotiations.

Confidentiality

21. In order to assist in the resolution of a disagreement, a mediation will not be open to the public.

22. The parties, and all persons, will keep confidential:

  1. all oral and written information disclosed in the mediation; and
  2. the fact that this information has been disclosed.

23. The parties will not rely on or introduce as evidence in any proceeding, whether or not that proceeding relates to the subject matter of the mediation, any oral or written information disclosed in or arising from the mediation, including:

  1. a. any documents of other parties produced in the course of the mediation that are not otherwise produced or producible in that proceeding;
  2. any views expressed, or suggestions, or proposals made in respect of a possible settlement of the disagreement;
  3. any admissions made by any party in the course of the mediation, unless otherwise stipulated by the admitting party;
  4. any recommendations for settlement made by the mediator; and
  5. the fact that any party has indicated a willingness to make or accept a proposal or recommendation for settlement.

24. Sections 22 and 23 do not apply:

  1. in any proceeding for the enforcement or setting aside of an agreement resolving the disagreement that was the subject of a mediation;
  2. if the adjudicator in any proceeding determines that the interests of public or the administration of justice outweigh the need for confidentiality; or
  3. if the oral or written information referred to in those sections is in the public forum,

25. A mediator, or anyone retained or employed by the mediator, is not compellable in any proceeding to give evidence about any oral and written information acquired or opinion formed by that person as a result of the mediation, and all parties will oppose any effort to have that person or that information subpoenaed.

26. A mediator, or anyone retained or employed by the mediator, is disqualified as a consultant or expert in any proceeding relating to the disagreement, including any proceeding that involves persons not a party to the mediation.

Referral of Issues to Other Processes

27. During a mediation the parties may agree to refer particular issues in the disagreement to independent fact-finders, expert panels or other processes for opinions or findings that may assist them in the resolution of the disagreement, and in that event, the parties must specify:

  1. the terms of reference for the process;
  2. the time within which the process must be concluded; and
  3. how the costs of the process are to be allocated to the parties.

28. The time specified for concluding a mediation will be extended for 15 days following receipt of the findings or opinions rendered in a process described under section 27.

Right to Withdraw

29. A party may withdraw from a mediation at any time by giving written notice of its intent to the mediator.

30. Before a withdrawal is effective, the withdrawing party will:

  1. speak with the mediator;
  2. disclose its reasons for withdrawing; and
  3. give the mediator the opportunity to discuss the consequences of withdrawal.

Termination of Mediation

31. A mediation is terminated when any of the following occurs:

  1. subject to section 28, the expiration of 30 days after the appointment of the mediator, or any longer period agreed by the parties in writing;
  2. the parties have agreed in writing to terminate the mediation or not to appoint a replacement mediator under section 11;
  3. a party directly engaged in the disagreement withdraws from the mediation under section 29; or
  4. the parties directly engaged in the disagreement sign a written agreement resolving the disagreement.

Mediator Recommendation

32. If a mediation is terminated without the parties reaching agreement, the parties may agree to request the mediator to give a written non-binding recommendation for settlement, but the mediator may decline the request without reasons.

33. Within 15 days after delivery of a mediator's recommendation under section 32, the parties will meet with the mediator to attempt to resolve the disagreement.

Costs

34. A party withdrawing from a mediation under section 29 is not responsible for any costs of the mediation that are incurred after the date that party's withdrawal takes effect.

Appendix M - 3: Technical Advisory Panel

Definitions

1. In this Appendix:

  1. "Chapter" means the Dispute Resolution Chapter;
  2. "member" means a member of the panel;
  3. "panel" means a technical advisory panel appointed under this Appendix;
  4. "party" means a participating Party to a reference under this Appendix;
  5. "reference" means a reference of a disagreement to the panel; and
  6. "section" means a section in this Appendix.

General

2. A question of law may not be referred to a panel.

3. A reference commences on the date the Parties directly engaged in the disagreement have agreed in writing to use a technical advisory panel under paragraph 24 of the Chapter.

Appointment of Panel Members

4. A panel will have three members unless the parties agree on a panel of five members.

5. A member will be skilled and knowledgeable in the technical or scientific subject matter or issues of the disagreement.

6. If there are two parties and the panel will have:

  1. three members, each party will appoint one member and the two appointed members will jointly appoint the third member; or
  2. five members, each party will appoint two members and the four appointed members will jointly appoint the fifth member.

7. If there are three parties and the panel will have:

  1. three members, each party will appoint one member; or
  2. five members, each party will appoint one member and the three appointed members will jointly appoint the fourth and fifth members.

8. In the appointment procedures under sections 6 and 7, if:

  1. a party fails to appoint the required number of members within 30 days after commencement of the reference; or
  2. the appointing members fail to appoint the required number of additional members within 15 days after the last appointing member was appointed

the required appointments will be made by the neutral appointing authority on the written request of a party that is copied to the other parties.

9. The appointment of a member who is jointly appointed by the parties, by the appointing members, or by the neutral appointing authority, terminates if:

  1. the member withdraws from office for any reason; or
  2. the parties agree to the termination.

10. The appointment of a member appointed by one party, or by the neutral appointing authority in place of the party, terminates if:

  1. the member withdraws from office for any reason; or
  2. the appointing party terminates the appointment.

11. If the appointment of a member jointly appointed by the parties, by the appointing members, or by the neutral appointing authority in place of the parties or members, terminates, a replacement member will be appointed under section 6 or 7, as applicable, within the required time commencing from the termination of the former member's appointment.

12. Subject to section 13, if the appointment of a member appointed by one party or by the neutral appointing authority in place of the party terminates, a replacement member will be appointed under section 6 or 7, as applicable, within the required time commencing from the termination of the former member's appointment.

13. A party may elect not to replace a member it had appointed but the party may not withdraw from the reference except as permitted under sections 31 to 35.

Terms of Reference

14. Not more than 15 days after the appointment of the last member of a panel, the parties must provide the panel with written terms of reference that set out at least the following:

  1. the parties to the disagreement;
  2. the subject matter or issues of the disagreement;
  3. the hind of assistance that the parties request from the panel, including giving advice, making determinations, finding facts, conducting, evaluating and reporting on studies and making recommendations;
  4. the time period within which the parties request the assistance to be provided;
  5. the time periods or stages of the reference at the conclusion of which the panel must provide the parties with written interim reports on the panel's progress on the referral and on expenditures under the budget described in section 16 as they relate to that progress;
  6. the time within which the panel must provide the parties with the budget described in section 16; and
  7. any limitations on the application of sections 36 to 42 to the reference.

15. The parties may discuss the proposed terms of reference with the panel before they are finally settled.

16. Within the time referred to in section 14(f), the panel will provide the parties with a budget for the costs of conducting the reference, including:

  1. fees to be paid to the members who have been jointly appointed by the parties, or by appointing members;
  2. costs of required travel, food and accommodation of members who have been jointly appointed by the parties, or by appointing members;
  3. costs of any required administrative assistance; and
  4. costs of any studies.

17. The parties will consider the budget submitted by the panel and approve that budget with any amendments agreed by the parties before the panel undertakes any activities under the reference.

18. The parties are not responsible for any costs incurred by the panel that are in excess of those approved under section 17, and the panel is not authorized to incur any costs beyond that amount without obtaining prior written approval from all the parties.

19. The parties may amend the written terms of reference or the budget from time to time as they consider necessary, or on recommendation of the panel.

Conduct of Reference to Panel

20. The parties will:

  1. cooperate fully with the panel;
  2. comply with any requests made by the panel as permitted or required under this Appendix; and
  3. give prompt attention to and respond to all communications from the panel.

21. Subject to any limitations or requirements in the terms of reference given and the limits of the budget approved under sections 17 to 19, the panel may conduct its reference using any procedure it considers necessary or appropriate, including holding a hearing.

22. If a hearing is held, the hearing must be conducted as efficiently as possible and in the manner the panel specifies, after consultation with the parties.

23. If a hearing is held, the panel must give the parties reasonable written notice of the hearing date, which notice must, in any event, be not less than seven days.

24. No transcript or recording will be kept of a hearing, but this does not prevent a person attending the hearing from keeping notes of the hearing.

25. The legal rules of evidence do not apply to a hearing before the panel.

26. The panel will give the parties the interim and final written reports specified in its terms of reference within the required times.

27. A report of the panel is not binding on the parties.

Panel Business

28. A panel will appoint one of its members to act as chair of the panel.

29. The chair of a panel is responsible for all communications between the panel, the parties and any other person to whom the panel wishes to communicate, but this does not preclude a member from communicating informally with a party.

30. A panel will make every reasonable effort to conduct its business, and fulfill its obligations under its terms of reference, by consensus, but:

  1. if consensus is not possible, by actions approved by a majority of its members; or
  2. if a majority is not possible, by actions approved by the chair of the panel.

Right to Withdraw

31. If one of two parties to a reference, or two of three parties to a reference, are not satisfied with the progress of the reference:

  1. after receipt of an interim report; or
  2. as a result of the panel's failure to submit an interim report within the required time the dissatisfied party or parties, as the case may be, may give written notice to the panel and the other party that the party or parties are withdrawing from the reference and that the reference is terminated.

32. If one of three parties to a reference is not satisfied with the progress of the reference:

  1. after receipt of an interim report; or
  2. as a result of the panel's failure to submit an interim report within the required time the dissatisfied party may give written notice to the panel and the other parties that it is withdrawing from the reference.

33. Two parties who receive a notice under section 32 will advise the panel in writing that they have agreed:

  1. to terminate the reference; or
  2. to continue the reference.

34. If no party gives a notice under sections 31 or 32 within 10 days after:

  1. receipt of an interim report; or
  2. the time required to submit an interim report all parties will be deemed to be satisfied with the progress of the reference until submission of the next required interim report.

35. No party may withdraw from a reference except as permitted under sections 31 to 34.

Confidentiality

36. The parties may, by agreement recorded in the terms of reference of the panel in section 14, limit the application of all or any part of sections 37 to 42 in a reference.

37. In order to assist in the resolution of the disagreement, a reference will not be open to the public.

38. The parties, and all persons, will keep confidential:

  1. all oral and written information disclosed in the reference: and
  2. the fact that this information has been disclosed.

39. The parties will not rely on or introduce as evidence in any proceeding, whether or not that proceeding relates to the subject matter of the reference, any oral or written information disclosed in or arising from the reference, including:

  1. any documents of other parties produced in the course of the reference that are not otherwise produced or producible in that proceeding:
  2. any views expressed, or suggestions made, in respect of a possible settlement of the disagreement;
  3. any admissions made by any party in the course of the reference, unless otherwise stipulated by the admitting party;
  4. the fact that any party has indicated a willingness to makeor accept a proposal or recommendation for settlement; and
  5. any reports of the panel.

40. Sections 38 and 39 do not apply:

  1. in any proceeding for the enforcement or setting aside of an agreement resolving the disagreement that was the subject of the reference;
  2. if the adjudicator in any proceeding determines that the interests of the public or the administration of justice outweigh the need for confidentiality; or
  3. if the oral or written information referred to in those sections is in the public forum.

41. A member, or anyone retained or employed by the member, is not compellable in any proceeding to give evidence about any oral or written information acquired or opinion formed by that person as a result of the reference, and all parties will oppose any effort to have that person or that information subpoenaed.

42. A member, or anyone retained or employed by the member, is disqualified as a consultant or expert in any proceeding relating to the disagreement, including any proceeding that involves persons not a party to the reference.

Attempt to Resolve After Report

43. Within 21 days after receipt of the final written report of a panel, the parties will meet and make an effort to resolve the disagreement taking into account the report of the panel or any other considerations.

44. If the parties and the panel agree, the members of a panel may attend the meeting under section 43, and provide any necessary assistance to the parties.

Termination of Reference to Panel

45. A reference is terminated when any of the following occurs:

  1. the reference has been terminated as permitted under section 31 or 33;
  2. the expiration of 30 days after receipt of the final report of the panel, or any longer period agreed by the parties in writing; or
  3. the parties directly engaged in the disagreement sign a written agreement resolving the disagreement.

Costs

46. A party is not responsible for sharing any costs of the reference that were incurred after the date that party notified the other parties, under section 32, of its withdrawal from the reference.

Appendix M - 4: Neutral Evaluation

Definition

1. In this Appendix:

  1. "Chapter" means the Dispute Resolution Chapter;
  2. "party" means a participating Party to a neutral evaluation under this Appendix; and
  3. "section" means a section in this Appendix.

General

2. A neutral evaluation commences on the date that the Parties directly engaged in the disagreement have agreed in writing to use neutral evaluation under paragraph 24 of the Chapter.

Appointment to Neutral Evaluator

3. A neutral evaluation will be conducted by one person jointly appointed by the parties.

4. A neutral evaluator will be:

  1. experienced or skilled in the subject matter or issues of the disagreement; and
  2. independent and impartial.

5. If the parties fail to agree on a neutral evaluator within 21 days after commencement of a neutral evaluation, the appointment will be made by the neutral appointing authority on the written request of a party that is copied to the other parties.

6. Subject to any limitations agreed to by the parties, a neutral evaluator may employ reasonable and necessary administrative or other support services.

Requirement to Withdraw

7. At any time a party may give a neutral evaluator and the other parties a written notice, with or without reasons, requiring the neutral evaluator to withdraw from the neutral evaluation on the grounds that the party has justifiable doubts as to the neutral evaluator's independence or impartiality.

8. On receipt of a written notice under section 7, the neutral evaluator must immediately withdraw from the neutral evaluation.

9. A person who is a Nisga'a citizen, or related to a Nisga'a citizen, must not be required to withdraw under section 7 solely on the grounds of that citizenship or relationship.

End of Appointment

10. A neutral evaluator's appointment terminates if:

  1. the neutral evaluator is required to withdraw under section 8;
  2. the neutral evaluator withdraws from office for any reason; or
  3. the parties agree to the termination.

11. Unless the parties agree otherwise, if a neutral evaluator's appointment terminates, a replacement will be appointed under section 5 within the required time commencing from the date of the termination of the appointment.

Communications

12. Except with respect to administrative details or a meeting under section 31, the parties will not communicate with the neutral evaluator:

  1. orally except in the presence of all parties; or
  2. in writing without immediately sending a copy of that communication to all parties.

13. Section 12 also applies to any communication by a neutral evaluator to the parties.

Conduct of Neutral Evaluation

14. The parties will:

  1. cooperate fully with the neutral evaluator;
  2. comply with any requests made by the neutral evaluator as permitted or required under this Appendix; and
  3. give prompt attention to and respond to all communications from the neutral evaluator.

15. A neutral evaluation will be conducted only on the basis of documents submitted by the parties under section 20 unless the parties agree to, or the neutral evaluator requires, additional submissions or other forms of evidence.

16. If a hearing is held, the hearing must be conducted as efficiently as possible and in the manner the neutral evaluator specifies, after consultation with the parties.

17. If a hearing is held, the panel must give the parties reasonable written notice of the hearing date, which notice must, in any event, be not less than seven days.

18. No transcript or recording will be kept of a hearing, but this does not prevent a person attending the hearing from keeping notes of the hearing.

19. The legal rules of evidence do not apply to a neutral evaluation.

20. Within 15 days after the appointment of a neutral evaluator, each party must deliver to the other parties and to the neutral evaluator a written submission respecting the disagreement, including facts upon which the parties agree or disagree, and copies of any documents, affidavits and exhibits on which the party relies.

21. Within 21 days after the appointment of a neutral evaluator, a party may submit a reply to the submission of any other party and, in that event, will provide copies of the reply to the party and the neutral evaluator.

Confidentiality

22. In order to assist in the resolution of the disagreement, a neutral evaluation will not be open to the public.

23. The parties, and all persons, will keep confidential:

  1. all oral and written information disclosed in the neutral evaluation; and
  2. the fact that this information has been disclosed.

24. The parties will not rely on or introduce as evidence in any proceeding, whether or not that proceeding relates to the subject matter of the neutral evaluation, any oral or written information disclosed in or arising from the neutral evaluation, including:

  1. any documents of other parties produced in the course of the neutral evaluation which are not otherwise produced or producible in that proceeding;
  2. any views expressed, or suggestions made, in respect of a possible settlement of the disagreement;
  3. any admissions made by any party in the course of the neutral evaluation, unless otherwise stipulated by the admitting party;
  4. the fact that any party has indicated a willingness to make or accept a proposal for settlement; and
  5. subject to section 28, the opinion of the neutral evaluator.

25. Sections 23 and 24 do not apply:

  1. in any proceedings for the enforcement or setting aside of an agreement resolving the disagreement that was the subject of a neutral evaluation;
  2. if the adjudicator in any proceeding determines that the interests of the public or the administration of justice outweigh the need for confidentiality; or
  3. if the oral or written information is in the public forum.

26. A neutral evaluator, or anyone retained or employed by the neutral evaluator, is not compellable in any proceedings to give evidence about any oral and written information acquired or opinion formed by that person as a result of a neutral evaluation under this Appendix, and all parties will oppose any effort to have that person or that information subpoenaed.

27. A neutral evaluator and anyone retained or employed by the neutral evaluator is disqualified as a consultant or expert in any proceeding relating to the disagreement, including any proceeding that involves persons not a party to the neutral evaluation.

28. Despite sections 23 to 26, after an arbitral tribunal has delivered its final arbitral award, or a court has referred its decision, in respect of a disagreement, a party, for the purpose only of making a submission on the allocation of costs of that arbitral or judicial proceeding, may give to the arbitral tribunal or the court a copy of:

  1. the neutral evaluator's opinion respecting that agreement; or
  2. the neutral evaluator's notice of termination under section 7.

Non-binding Opinion

29. Within 21 days after the later of:

  1. delivery of the last submission required or permitted in a neutral evaluation under this Appendix; or
  2. completion of a hearing,

the neutral evaluator will deliver to the parties a written opinion with reasons in respect of the probable disposition of the disagreement should it be submitted to arbitral or judicial proceedings, as the case may be, under the Chapter.

30. An opinion under section 29 is not binding on the parties.

Attempt to Resolve After Opinion

31. Within 21 days after delivery of an opinion under section 29, the parties will meet and make an effort to resolve the disagreement, taking into account the opinion of the neutral evaluator or any other considerations.

32. If the parties and the neutral evaluator agree, the neutral evaluator may attend a meeting under section 3 1, and provide any necessary assistance to the parties.

Failure to Comply

33. If a party fails to participate in the neutral evaluation as contemplated in sections 14 to 21, the neutral evaluator may:

  1. provide an opinion based solely upon the information and submissions they have obtained; or
  2. give a written notice of termination of the neutral evaluation and, in either event, the neutral evaluator must record that party's failure.

Termination of Neutral Evaluation

34. A neutral evaluation is terminated when any of the following occurs:

  1. the neutral evaluator gives a notice of termination under section 33(b);
  2. the expiration of 30 days after receipt of an opinion under section 29 or 33, as the case may be, or any longer period agreed by the parties;
  3. all the parties directly engaged in the disagreement agree in writing to terminate evaluation; or
  4. all the parties directly engaged in the disagreement sign a written agreement resolving the disagreement.

Costs

35. A party that has failed to participate in a neutral evaluation as contemplated in sections 14 to 21 is responsible for its share of the costs of the neutral evaluation, despite its failure to participate.

Appendix M - 5: Elders Advisory Council

Definition

1. In this Appendix:

  1. "Chapter" means the Dispute Resolution Chapter;
  2. "conncil" means the elders advisory council appointed under this Appendix;
  3. "elder" means a member of a council;
  4. "party" means a participating Party to the reference under this Appendix;
  5. "reference" means a reference of a disagreement to the council; and
  6. "section" means a section in this Appendix.

General

2. A reference commences on the date the Parties directly engaged in the disagreement have agreed in writing to use an elders advisory council under paragraph 24 of the Chapter.

Appointment of Elders

3. Within 30 days after a reference has commenced, each party will appoint at least one, but not more than three, elders to the council.

4. Preferably, the elders will be individuals who:

  1. are recognized in their respective communities as wise, tolerant, personable and articulate, and who:
    1. are often sought out for counsel or advice, or
    2. have a record of distinguished public service; and
  2. are available to devote the time and energy as required to provide the assistance described in this Appendix.

End of Appointment

5. Unless an elder:

  1. has requested to be relieved of their appointment due to a conflict of interest or otherwise; or
  2. is not able to fulfill their duties, due to incapacity or otherwise

the elder's appointment to the council may not be terminated until termination of the reference in which the elder is involved.

6. If an elder's appointment is terminated in the circumstances described in section 5 (a) or (b) and that elder was the only elder of the council appointed by a party to the reference, that party must replace the elder within seven days.

7. If an elder's appointment is terminated in the circumstances described in section 5 (a) or (b) and that elder was not the only elder of the council appointed by a party to the reference, that party may replace the elder but the replacement must be made within seven days.

Conduct of Reference

8. In a reference, the parties will cooperate fully with the council, and give prompt attention to, and respond, to all communications from the council.

9. Notwithstanding section 8, a party is not required to disclose to the council or provide it with any information that the party would not be required to disclose in any arbitral or judicial proceedings in respect of the disagreement.

10. The council is expected to conduct itself informally in order that the parties may take full advantage of the council's good of&es to resolve the disagreement.

11. The council may establish its own process to suit the particular circumstances of a reference including meeting with the parties together or separately, conducting informal interviews or inquiries and facilitating settlement negotiations.

12. The council will give the parties its final advice or recommendations on a disagreement referred to it within 120 days after the commencement of the reference.

13. The council may, at its option, provide its advice to the parties:

  1. orally on the same occasion; or
  2. in writing.

14. The council may, by unanimous decision, extend the time for giving advice or recommendations under section 12, on one occasion only, to a maximum of 60 additional days.

15. The advice or recommendations of the council are not binding on the parties.

16. Subject to any limitations agreed to by the parties, the council may employ reasonable and necessary administrative or other support services.

Right to Withdraw

17. A party may not withdraw from a reference until its conclusion unless all the parties agree in writing.

Confidentiality

18. In order to assist in the resolution of the disagreement, a reference will not be open to the public.

19. The parties, and all persons, will keep confidential:

  1. all oral and written information disclosed in the reference; and
  2. the fact that this information has been disclosed.

20. The parties will not rely on or introduce as evidence in any proceeding, whether or not that proceeding relates to the subject matter of the reference, any oral or written information disclosed in or arising from the reference, including:

  1. any documents of other parties produced in the course of the reference that are not otherwise produced or producible in that proceeding;
  2. any views expressed, or suggestions made, in respect of a possible settlement of the disagreement;
  3. any admissions made by any party in the course of the reference, unless otherwise stipulated by the admitting party:
  4. any advice or recommendations made by an elder or the council; and
  5. the fact that any party has indicated a willingness to make or accept any advice or recommendation for settlement.

21. Sections 19 and 20 do not apply:

  1. in any proceedings for the enforcement or setting aside of an agreement resolving the disagreement that was the subject of the reference;
  2. if the adjudicator in any proceeding determines that the interests of the public or the administration of justice outweigh the need for confidentiality; or
  3. if the oral or written information referred to in those sections is in the public forum.

22. An elder, or anyone retained or employed by the council, is not compellable in any proceeding to give evidence about any oral and written information acquired or opinion formed by that person as a result of the reference and all parties will oppose any effort to have that person or that information subpoenaed.

23. An elder, or anyone retained or employed by the council, is disqualified as a consultant or expert in any proceeding relating to the disagreement, including any proceeding that involves persons not a party to the reference.

Decision-making

24. The council must make its best efforts to reach consensus among the elders before taking any action or giving any advice under the reference.

25. The council may not take any action under section 12 unless at least one elder appointed by each party expressly agrees with the action taken.

Termination of Reference

26. A reference is terminated when any of the following occurs:

  1. the council gives the parties its advice under section 12;
  2. the expiration of the applicable time period in section 12 or 14; or
  3. the parties directly engaged in the disagreement sign a written agreement resolving thedisagreement.

Appendix M - 6: Arbitration

Definitions

1. In this Appendix:

  1. "applicant" means:
    1. in an arbitration commenced under paragraph 28 of the Chapter, the party that delivered the notice of arbitration, and
    2. in an arbitration commenced under paragraph 29 of the Chapter, the party that the parties have agreed will be the applicant in the agreement to arbitrate;
  2. "arbitral award" means any decision of the arbitral tribunal on the substance of the disagreement submitted to it, and includes:
    1. an interim arbitral award, including an interim award made for the preservation of property, and
    2. an award of interest or costs;
  3. "arbitral tribunal" means a single arbitrator or a panel of arbitrators appointed under this Appendix;
  4. "arbitration agreement" includes
    1. the requirement to refer to arbitration disagreements described in paragraph 28 of the Chapter; and
    2. an agreement to arbitrate a disagreement as described in paragraph 29 of the Chapter;
  5. "Chapter "means the Dispute Resolution Chapter of the Agreement;
  6. "partf"means a participating Party to arbitration under this Appendix;
  7. "respondent" means a party other than the applicant;
  8. "section "means a section of this Appendix;
  9. "Supreme Court "means the Supreme Court of British Columbia.

2. A reference in this Appendix, other than in section 87 or 116(a), to a claim, applies to a counterclaim, and a reference in this Appendix to a defence, applies to a defence to a counterclaim.

3. Despite paragraph 4 of the Chapter, the parties may not vary section 53 or 97.

Communications

4. Except in respect of administrative details, the parties will not communicate with the arbitral tribunal:

  1. orally, except in the presence of all other parties; or
  2. in writing, without immediately sending a copy of that communication to all other parties.

5. Section 4 also applies to any communication by the arbitral tribunal to the parties.

Waiver of Right to Object

6. A party that knows that:

  1. any provision of this Appendix; or
  2. any requirement under the Agreement or arbitration agreement

has not been complied with, and yet proceeds with the arbitration without stating its objection to noncompliance without undue delay or, if a time limit is provided for stating that objection, within that period of time, will be deemed to have waived its right to object.

7. In section 6(a) "any provision of this Appendix" means any provision of this Appendix in respect of which the parties may otherwise agree.

Extent of Judicial Intervention

8. In matters governed by this Appendix:

  1. no court shall intervene except as provided in this Appendix; and
  2. no arbitral proceedings of an arbitral tribunal, or an order, ruling or arbitral award made by an arbitral tribunal shall be questioned, reviewed or restrained by a proceeding under any legislation or other law that permits judicial review except to the extent provided in this Appendix.

Constructions of Appendix

9. In construing a provision of this Appendix, a court or arbitral tribunal may refer to the documents of the United Nations Commission on International Trade Law and its working group respecting the preparation of the UNCITRAL Model Arbitration Law and must give those documents the weight that is appropriate in the circumstances.

Stay of Legal Proceedings

10. If a Party commences legal proceedings in a court against another Party in respect of a matter required or agreed to be submitted to arbitration, a Party to the legal proceedings may, before or after entering an appearance, and before delivery of any pleadings or taking any other step in the proceedings, apply to that court to stay the proceedings.

11. In an application under section 10, the court must make an order staying the legal proceedings unless it determines that:

  1. the arbitration agreement is null and void, inoperative or incapable of being performed; or
  2. the legal proceedings are permitted under the Chapter.

12. An arbitration may be commenced or continued, and an arbitral award made, even if an application has been brought under section 10, and the issue is pending before the court.

Interim Measures by Court

13. It is not incompatible with an arbitration agreement for a Party to request from a court, before or during arbitral proceedings, an interim measure of protection as provided in paragraph 14 of the Chapter, and for a court to grant that measure.

Commencement of Arbitral Proceedings

14. The arbitral proceedings in respect of a disagreement:

  1. required to be arbitrated as set out in paragraph 28 of the Chapter, commences on delivery of the notice of arbitration to the Parties; or
  2. agreed to be arbitrated as set out in paragraph 29 of the Chapter, commences on the date of the arbitration agreement.

Notice of Arbitration

15. A notice of arbitration under paragraph 28 of the Chapter must be in writing and contain the following information:

  1. a statement of the subject matter or issues of the disagreement;
  2. a requirement that the disagreement be referred to arbitration;
  3. the remedy sought;
  4. the suggested number of arbitrators; and
  5. any preferred qualifications of the arbitrators.

16. A notice of arbitration under section 1.5 may contain the names of any proposed arbitrators, including the information specified in section 17.

Arbitrators

17. In an arbitration:

  1. a. required to be arbitrated as set out in paragraph 28 of the Chapter, there will be three arbitrators; and
  2. agreed to be arbitrated as set out in paragraph 29 of the Chapter, there will be one arbitrator.

18. A person eligible for appointment as:

  1. a single arbitrator or as chair of an arbitral tribunal will be an experienced arbitrator or arbitration counsel or have had training in arbitral procedure; and
  2. as a single arbitrator or member of an arbitral panel:
    1. will be independent and impartial, and
    2. preferably, will have knowledge of, or experience in, the subject matter or issues of the disagreement.

Appointment of Arbitrators

19. A party proposing the name of an arbitrator to another party under section 20 will also submit a copy of that person's resume and the statement that person is required to make under section 26.

20. In an arbitration with a single arbitrator, if the parties fail to agree on the arbitrator within 30 days after the commencement of the arbitration, the appointment will be made by the neutral appointing authority, on the written request of a party that is copied to the other parties.

21. In an arbitration with three arbitrators and two parties, each party will appoint one arbitrator, and the two appointed arbitrators will appoint the third arbitrator.

22. In the appointment procedure under section 2 I, if:

  1. a party fails to appoint an arbitrator within 30 days after receipt of a request to do so from the other party; or
  2. the two appointed arbitrators fail to agree on the third arbitrator within 30 days after the last of them was appointed

the appointment will be made by the neutral appointing authority, on the written request of a party that is copied to the other parties.

23. In an arbitration with three arbitrators and three parties, the three parties will jointly appoint the three arbitrators.

24. In the arbitration procedure under section 23, if the three parties fail to agree on the three arbitrators within 60 days after the commencement of the arbitration, the appointments will be made by the neutral appointing authority, on the written request of a party copied to the other parties.

25. The neutral appointing authority, in appointing an arbitrator, must have due regard to:

  1. any qualifications required of the arbitrator as set out in section 18 or as otherwise agreed in writing by the parties; and
  2. other considerations as are likely to secure the appointment of an independent and impartial arbitrator.

Grounds for Challenge

26. When a person is approached in connection with possible appointment as an arbitrator, that person must provide a written statement:

  1. disclosing any circumstances likely to give rise to justifiable doubts as to their independence or impartiality; or
  2. advising that the person is not aware of any circumstances of that nature and committing to disclose them if they arise or become known at a later date.

27. An arbitrator, from the time of appointment and throughout the arbitral proceedings, must, without delay, disclose to the parties any circumstances referred to in section 26 unless the parties have already been informed of them.

28. An arbitrator may be challenged only if:

  1. circumstances exist that give rise to justifiable doubts as to the arbitrator's independence or impartiality; or
  2. the arbitrator does not possess the qualifications set out in this Appendix or as otherwise agreed in writing by the parties.

29. A party may only challenge an arbitrator appointed by that party, or in whose appointment that party has participated, for reasons of which that party becomes aware after the appointment has been made.

30. A person who is a Nisga'a citizen, or related to a Nisga'a citizen, may not be challenged under section 28 solely on the grounds of that citizenship or relationship.

Challenge Procedure

31. A party who intends to challenge an arbitrator will send to the arbitral tribunal a written statement of the reasons for the challenge within 15 days after becoming aware of the constitution of the arbitral tribunal, or after becoming aware of any circumstances referred to in section 28.

32. Unless the arbitrator challenged under section 31 withdraws from office, or the other parties agree to the challenge, the arbitral tribunal must decide on the challenge.

33. If a challenge under any procedure agreed upon by the parties or under the procedure under section 31 is not successful, the challenging party, within 30 days after having received notice of the decision rejecting the challenge, may request the neutral appointing authority to decide on the challenge.

34. The decision of the neutral appointing authority under section 33 is final and is not subject to appeal.

35. While a request under section 33 is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an arbitral award unless:

  1. a. the costs occasioned by proceeding before the decision of the neutral appointing authority is made would unduly prejudice the parties; or
  2. the parties agree otherwise.

Failure or Impossibility to Act

36. The mandate of an arbitrator terminates if the arbitrator becomes unable at law, or as a practical matter, to perform the arbitrator's functions, or for other reasons fails to act Gthout undue delay.

37. If a controversy remains concerning any of the grounds referred to in section 36, a party may request the neutral appointing authority to decide on the termination of the mandate.

Termination of Mandate and Substitution of Arbitrator

38. In addition to the circumstances referred to under sections 31 to 33, and 36, the mandate of an arbitrator terminates:

  1. if the arbitrator withdraws from office for any reason; or
  2. by, or pursuant to, agreement of the parties.

39. If the mandate of an arbitrator terminates, a replacement arbitrator must be appointed under sections 19 to 25, as applicable.

40. If a single or chairing arbitrator is replaced, any hearings previously held must be repeated.

41. If an arbitrator other than a single or chairing arbitrator is replaced, any hearings previously held may be repeated at the discretion of the arbitral tribunal.

42. An order or ruling of the arbitral tribunal made before the replacement of an arbitrator under section 39 is not invalid solely because there has been a change in the composition of the tribunal.

43. An arbitral tribunal may rule on its own jurisdiction.

44. A plea that an arbitral tribunal does not have jurisdiction must be raised not later than the submission of the statement of defence; but a party is not precluded from raising that plea by the fact that the party has appointed, or participated in the appointment of, an arbitrator.

45. A plea that an arbitral tribunal is exceeding the scope of its authority must be made as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings.

46. An arbitral tribunal may, in either of the cases referred to in section 44 or 45, admit a later plea if it considers the delay justified.

47. An arbitral tribunal may rule on a plea referred to in section 44 or 45 either as a preliminary question or in the arbitral award.

48. If an arbitral tribunal rules as a preliminary question that it has jurisdiction, any party, within 1.5 days after having received notice of that ruling, may request the Supreme Court to decide the matter.

49. A decision of the Supreme Court under section 48 is final and is not subject to appeal.

50.While a request under section 48 is pending, an arbitral tribunal may continue the arbitral proceedings and make an arbitral award unless:

  1. the costs occasioned by proceeding before the decision of the Supreme Court is made would unduly prejudice the parties; or
  2. the parties agree otherwise.

Interim Measures Ordered by Arbitral Tribunal

51. Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order a party to take any interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject matter of the disagreement.

52. The arbitral tribunal may require a party to provide appropriate security in connection with a measure ordered under section 51.

Equal Treatment of Parties

53. The parties must be treated with equality and each party must be given a full opportunity to present its case.

Determination of Rules of Procedure

54. Subject to this Appendix, the parties may agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.

55. Failing any agreement under section 54, the arbitral tribunal, subject to this Appendix, may conduct the arbitration in the manner it considers appropriate.

56. The arbitral tribunal is not required to apply the legal rules of evidence, and may determine the admissibility, relevance, materiality and weight of any evidence.

57. The arbitral tribunal must make all reasonable efforts to conduct the arbitral proceedings in the most efficient, expeditious and cost effective manner as is appropriate in all the circumstances of the case.

58. The arbitral tribunal may extend or abridge a period of time:

  1. set in this Appendix, except the period specified in section 106; or
  2. established by the tribunal.

Pre-hearing Meeting

59. Within 10 days after the arbitral tribunal is constituted, the tribunal must convene a pre- hearing meeting of the parties to reach agreement and to make any necessary orders on:

  1. any procedural issues arising under this Appendix;
  2. the procedure to be followed in the arbitration:
  3. the time periods for taking steps in the arbitration;
  4. the scheduling of hearings or meetings, if any;
  5. any preliminary applications or objections; and
  6. any other matter which will assist the arbitration to proceed in an efficient and expeditious manner.

60. The arbitral tribunal must prepare and distribute promptly to the parties a written record of all the business transacted, and decisions and orders made, at the pre-hearing meeting.

61. The pre-hearing meeting may be conducted by conference call.

Place of Arbitration

62. The arbitration will take place in the Province of British Columbia.

63. Despite section 62, an arbitral tribunal may meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of documents, goods or other personal property, or for viewing physical locations.

Language

64. If the arbitral tribunal determines that it was necessary or reasonable for a party to incur the costs of translation of documents and oral presentations in the circumstances of a particular disagreement, the arbitral tribunal, on application of a party, may order that any of the costs of that translation be deemed to be costs of the arbitration under paragraph 44 of the Chapter.

Statements of Claim and Defence

65. Within, 21 days after the arbitral tribunal is constituted, the applicant will deliver a written statement to all the Parties stating the facts supporting its claim or position, the points at issue and the relief or remedy sought.

66. Within 15 days after receipt of the applicant's statement, each respondent will deliver a written statement to all the Parties stating its defence or position in respect of those particulars.

67. Each party must attach to its statement a list of documents:

  1. upon which the party intends to rely: and
  2. which describes each document by kind, date, author, addressee and subject matter.

68. The parties may amend or supplement their statements, including the list of documents, and deliver counter-claims and defences to counter-claims during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment, supplement or additional pleadings having regard to:

  1. the delay in making it; and
  2. any prejudice suffered by the other parties.

69. The parties will deliver copies of all amended, supplemented or new documents delivered under section 68 to all the Parties.

Disclosure

70. The arbitral tribunal may order a party to produce, within a specified time, any documents that:

  1. have not been listed under section 67;
  2. the party has in its care, custody or control; and
  3. the arbitral tribunal considers to be relevant.

71. Each party will allow the other party the necessary access at reasonable times to inspect and take copies of all documents that the former party has listed under section 67, or that the arbitral tribunal has ordered to be produced under section 70.

72. The parties will prepare and send to the arbitral tribunal an agreed statement of facts within the time specified by the arbitral tribunal.

73. Not later than 21 days before a hearing commences, each party will give the other party:

  1. the name and address of any witness and a written summary of the witness's evidence; and
  2. in the case of an expert witness, a written statement or report prepared by the expert witness.

74. Not later than 15 days before a hearing commences, each party will give to the other party and the arbitral tribunal an assembly of all documents to be introduced at the hearing.

Hearings and Written Proceedings

75. The arbitral tribunal must decide whether to hold hearings for the presentation of evidence or for oral argument, or whether the proceedings will be conducted on the basis of documents and other materials.

76. Unless the parties have agreed that no hearings will be held, the arbitral tribunal must hold hearings at an appropriate stage of the proceedings, if so requested by a party.

77. The arbitral tribunal must give the parties sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purpose of inspection of documents, goods or other property or viewing any physical location.

78. All statements, documents or other information supplied to, or applications made to, the arbitral tribunal by one party will be communicated to the other party, and any expert report or communicated to the parties.

79. Unless ordered by the arbitral tribunal, all hearings and meetings in arbitral proceedings, other than meetings of the arbitral tribunal, are open to the public.

80. The arbitral tribunal must schedule hearings to be held on consecutive days until completion.

81. All oral evidence must be taken in the presence of the arbitral tribunal and all the parties unless a party IS absent by default or has waived the right to be present.

82. The arbitral tribunal may order any individual to be examined by the arbitral tribunal under oath or on affrrmation in relation to the disagreement and to produce before the arbitral tribunal all relevant documents within the individual's care, custody or control.

83. The document assemblies delivered under section 74 will be deemed to have been entered into evidence at the hearing without further proof and without being read out at the hearing, but a party may challenge the admissibility of any document so introduced.

84. If the arbitral tribunal considers it just and reasonable to do so, the arbitral tribunal may permit a document that was not previously listed under section 67, or produced as required under section 70 or 74, to be introduced at the hearing, but the arbitral tribunal may take that failure into account when fixing the costs to be awarded in the arbitration.

85. If the arbitral tribunal permits the evidence of a witness to be presented as a written statement, the other party may require that witness to be made available for cross examination at the hearing.

86.The arbitral tribunal may order a witness to appear and give evidence, and, in that event, the parties may cross examine that witness and call evidence in rebuttal.

Default of a Party

87. If, without showing sufficient cause, the applicant fails to communicate its statement of claim in accordance with section 65, the arbitral tribunal may terminate the proceedings.

88. If, without showing sufficient cause, a respondent fails to communicate its statement of defence in accordance with section 66, the arbitral tribunal must continue the proceedings without treating that failure in itself as an admission of the applicant's allegations.

89. If, without showing sufficient cause, a party fails to appear at the hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the arbitral award on the evidence before it.

90. Before terminating the proceedings under section 87, the arbitral tribunal must give all respondents written notice providing an opportunity to file a statement of claim in respect of the disagreement within a specified period of time.

Expert Appointed by Arbitral Tribunal

91. After consulting the parties, the arbitral tribunal may:

  1. apppint one or more experts to report to it on specific issues to be determined by the arbitral tribunal; and
  2. for that purpose, require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods or other personal property or land for inspection or viewing.

92.The arbitral tribunal must give a copy of the expert's report to the parties who opportunity to reply to it.

93.If a party so requests, or if the arbitral tribunal considers it necessary, the expert must, after delivery of a written or oral report, participate in a hearing where the parties must have the opportunity to cross examine the expert and to call any evidence in rebuttal.

94. The expert must, on the request of a party:

  1. make available to that party for examination all documents, goods or other property in the expert's possession, and provided to the expert in order to prepare a report; and
  2. provide that party with a list of all documents, goods or other personal property or land not in the expert's possession but which were provided to or given access to the expert, and a description of the location of those documents, goods or other personal property or lands.

Law Applicable to Substance of Dispute

95. An arbitral tribunal must decide the disagreement in accordance with the law.

96. If the parties have expressly authorized it to do so, an arbitral tribunal may decide the disagreement based upon equitable considerations.

97. In all cases, an arbitral tribunal must make its decisions in accordance with the spirit and intent of the Agreement.

98. Before a final arbitral award is made, an arbitral tribunal or a party, with the agreement of the other parties, may refer a question of law to the Supreme Court for a ruling.

99. A party may appeal a decision in the Supreme Court under section 98 to the British Columbia Court of Appeal with leave of the British Columbia Court of Appeal. If the British Columbia Court of Appeal:

  1. refuses to grant leave to a party to appeal a ruling of the Supreme Court under section 98; or
  2. hears an appeal from a ruling of the Supreme Court under section 98 the decision of the British Columbia Court of Appeal may not be appealed to the Supreme Court of Canada.

100. While a request under section 98 is pending, the arbitral tribunal may continue the arbitral proceedings and make an arbitral award unless:

  1. the costs occasioned by proceeding before the ruling of the Supreme Court is made would unduly prejudice the parties; or
  2. the parties agree otherwise.

Decision Making by Panel of Arbitrators

101. In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal must be made by a majority of all its members.

102. If there is no majority decision on a matter to be decided, the decision of the chair of the tribunal is the decision of the tribunal.

103. Notwithstanding section 101, if authorized by the parties or all the members of the arbitral tribunal, questions of procedure may be decided by the chair of the tribunal.

Settlement

104. If, during arbitral proceedings, the parties settle the disagreement, the arbitral tribunal must terminate the proceedings and, if requested by the parties, must record the settlement in the form of an arbitral award on agreed terms.

105. An arbitral award on agreed terms:

  1. must be made in accordance with sections 107 to 109;
  2. must state that it is an arbitral award; and
  3. has the same status and effect as any other arbitral award on the substance of the disagreement.

Form and Content of Arbitral Award

106. An arbitral tribunal must make its final award as soon as possible and, in any event, not later than 60 days after:

  1. the hearings have been closed; or
  2. the final submission has been made

whichever is the later date.

107. An arbitral award must be made in writing, and be signed by the members of the arbitral tribunal.

108. An arbitral award must state the reasons upon which it is based, unless:

  1. the parties have agreed that no reasons are to be given; or
  2. the award is an arbitral award on agreed terms under section 104 and 105.

109. A signed copy of an arbitral award must be delivered to all the Parties by the arbitral tribunal.

110. At any time during the arbitral proceedings, an arbitral tribunal may make an interim arbitral award on any matter with respect to which it may make a final arbitral award.

111. An arbitral tribunal may award interest.

112. The costs of an arbitration are in the discretion of the arbitral tribunal which, in making an order for costs, may:

  1. include as costs:
    1. the fees and expenses of the arbitrators and expert witnesses,
    2. legal fees and expenses of the parties
    3. any administration fees of a neutral appointing authority, or
    4. any other expenses incurred in connection with the arbitral proceedings; and
  2. specify:
    1. the party entitled to costs,
    2. the party who will pay the costs,
    3. s subject to section 113, the amount of costs or method of determining that amount, and
    4. the manner in which the costs will be paid.

113. For purposes of section 112, an arbitral tribunal may award up to 50% of the reasonable and necessary legal fees and expenses that were actually incurred by a party, and if the legal services were provided by an employee or employees of that party, the arbitral tribunal may fix an legal fees.

Termination of Proceedings

114. An arbitral tribunal must close any hearings if:

  1. the parties advise they have no further evidence to give or submissions to make; or
  2. the tribunal considers further hearings to be unnecessary or inappropriate.

115. A final arbitral award, or an order of the arbitral tribunal under section 116, terminates arbitral proceedings.

116. An arbitral tribunal must issue an order for the termination of the arbitral proceedings if:

  1. the applicant withdraws its claim, unless the respondent objects to the order and the arbitral tribunal recognizes a legitimate interest in obtaining a final settlement of the disagreement;
  2. the parties agree on the termination of the proceedings; or
  3. the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.

117. Subject to sections 118 to 123 and section 127, the mandate of an arbitral tribunal terminates with the termination of the arbitral proceedings.

Correction and Interpretation of Award; Additional Award

118. Within 30 days after receipt of an arbitral award:

  1. a party may request the arbitral tribunal to correct in the tribunal award any computation errors, any clerical or typographical errors or any other errors of a similar nature; and
  2. a party may, if agreed by all the parties, request the arbitral tribunal to give an interpretation of a specific point or part of the arbitral award.

119. If an arbitral tribunal considers a request made under section 118 to be justified, it must make the correction or give the interpretation within 30 days after receipt of the request and the interpretation will form part of the arbitral award.

120. An arbitral tribunal, on its own initiative, may correct any error of the type referred to in subsection 118(a) within 30 days after the date of the arbitral award.

121. A party may request, within 30 days after receipt of an arbitral award, the arbitral tribunal to make an additional arbitral award respecting claims presented in the arbitral proceedings but omitted from the arbitral award.

122. If the arbitral tribunal considers a request made under section 121 to be justified, it must make an additional arbitral award within 60 days.

123. Sections 107 to 109, and sections 111 to 113 apply to a correction or interpretation of an arbitral award made under section 119 or 120, or to an additional arbitral award made under section 122.

Application for Setting Aside Arbitral Award

124. Subject to sections 129 and 131, an arbitral award may be set aside by the Supreme Court, and no other court, only if a party making the application establishes that:

  1. the party making the application:
    1. was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings, or
    2. was otherwise unable to present its case or respond to the other party's case;
  2. the arbitral award:
    1. deals with a disagreement not contemplated by or not falling within the terms of the submission to arbitration, or
    2. contains decisions on matters beyond the scope of the submission to arbitration,provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the arbitral award that contains decisions on matters not submitted to arbitration may be set aside;
  3. the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless that agreement was in conflict with a provision of this Appendix from which the parties cannot derogate, or, failing any agreement, was not in accordance with this Appendix;
  4. the arbitral tribunal or a member of it has committed a corrupt or fraudulent act; or
  5. the award was obtained by fraud.

125. An application for setting aside may not be made more than three months:

  1. after the date on which the party making that application received the arbitral award; or
  2. if a request had been made under section 118 or 12 1, after the date on which that request

126. An application to set aside an award on the ground that the arbitral tribunal or a member of it has committed a corrupt or fraudulent act or that the award was obtained by fraud must be commenced:

  1. within the period referred to in section 125; or
  2. within 30 days after the applicant discovers or ought to have discovered the fraud or orrupt or fraudulent act

whichever is the longer period.

127. When asked to set aside an arbitral award, the Supreme Court may, where it is appropriate and it is requested by a party, adjourn the proceedings to set aside the arbitral award for a period of time determined by it in order to give the arbitral tribunal an opportunity:

  1. to resume the arbitral proceedings; or
  2. to take any other action that, in the arbitral tribunal's opinion, will eliminate the grounds for setting aside the arbitral award.

128. A Party that was not a participating Party in an arbitration must be given notice of an application under section 124, and is entitled to be a party to, and make representation on, the application.

Appeal on Question of Law

129. A party may appeal an arbitral award to the Supreme Court, with leave, on a question of law, which the Supreme Court must grant only if it is satisfied that:

  1. the importance of the result of the arbitration to the parties justifies the intervention of the court, and the determination of the point of law may prevent a miscarriage of justice; or
  2. the point of law is of general or public importance.

130. An application for leave may not be made more than three months:

  1. after the date on which the party making the application received the arbitral award; or
  2. if a request had been made under section 118 or 121, after the date on which that request was disposed of by the arbitral tribunal.

131. The Supreme Court may confirm, vary or set aside the arbitral award or may remit the award to the arbitral tribunal with directions, including the court's opinion on the question of law.

132. When asked to set aside an arbitral award the Supreme Court may, where it is appropriate and it is requested by a party, adjourn the proceedings to set aside the arbitral award for a period of time determined by it in order to give the arbitral tribunal an opportunity:

  1. to