18. If an expropriated interest in a parcel of Kitsumkalum Lands is no longer required for the
purpose for which it was expropriated, the federal department, agency, or other entity, or
its successors or assigns, will ensure that the interest in land is returned to Kitsumkalum,
on the terms and conditions negotiated in accordance with paragraph 23.
19. If a fee simple interest in a parcel of land is returned to Kitsumkalum in accordance with
this section, the parcel of land will become Kitsumkalum Lands on the date of the
transfer of the fee simple interest in the parcel of land to Kitsumkalum.
20. If a parcel of Kitsumkalum Lands is no longer Kitsumkalum Lands under paragraph 14,
or if replacement lands are added to Kitsumkalum Lands under paragraph 16, or if land is
returned to Kitsumkalum under paragraph 17, Appendix B will be amended in
accordance with the process set out in the Final Agreement.
21. The consent of the Governor-in-Council is not required to give effect to a reversion under
paragraph 18, and the federal department, agency or other entity who holds the
expropriated interest will determine the disposition of any improvements made to the
land in a manner consistent with the agreement reached pursuant to paragraph 22.
22. Kitsumkalum agrees that the return of an interest in Kitsumkalum Lands in accordance
with paragraph 18 will not result in Canada or British Columbia assuming financial or
other obligations, unless agreed to in writing at the time of the expropriation.
23. At the time of the expropriation, Kitsumkalum and the Federal Expropriating Authority
will negotiate the terms and conditions of the return of an expropriated interest in
Kitsumkalum Lands, including:
a) requirements relating to financial considerations based on market value principles;
b) the condition of the land to be returned; and
c) the process for resolving any disputes around the implementation of these terms
and conditions.
24.
Where the terms and conditions of the return of an expropriated interest in Kitsumkalum
Lands cannot be agreed upon by Kitsumkalum and the Federal Expropriating Authority at
the time of the expropriation, either Kitsumkalum or the Federal Expropriating Authority,
may refer the issue to be finally determined by arbitration under the Dispute Resolution
Chapter.
25. Except as otherwise provided in paragraphs 6, 10, 12 and 24 of this Appendix, no conflict
or dispute between the Parties respecting the interpretation, application or
implementation of paragraphs 62 to 66 of the Lands Chapter or this Appendix will go to
dispute resolution under the Dispute Resolution Chapter.
26. For greater certainty, except to the extent that the Lands Chapter and the provisions of
this Appendix modify the application of federal legislation relating to an expropriation of
Kitsumkalum Lands, all federal legislation relating to expropriation will apply to an
expropriation of Kitsumkalum Lands under the Lands Chapter and the provisions of this
Appendix.
154