Kitsumkalum Agreement-in-Principle
55.
British Columbia is not required to prepare and provide a Site Profile for any lands transferred
to Kitsumkalum in accordance with this Agreement.
Additions to Kitsumkalum Lands
56.
57.
At any time after the Effective Date, at Kitsumkalum’s request, and with the agreement of
British Columbia, Kitsumkalum may add to Kitsumkalum Lands land that is:
a)
owned in fee simple by Kitsumkalum;
b)
within the Kitsumkalum Area; and
c)
outside of municipal boundaries, or within municipal boundaries if the municipality
consents.
At any time after the Effective Date, with the agreement of Canada, Kitsumkalum may add to
Kitsumkalum Lands, land that is:
a)
owned in fee simple by Kitsumkalum;
b)
within the Kitsumkalum Area; and
c)
in areas free from overlap with another First Nation unless that First Nation consents;
58.
When making a decision pursuant to paragraphs 56 and 57, Canada and British Columbia may
take into account other matters that Canada or British Columbia considers relevant.
59.
Nothing in paragraph 56 or 57 obligates Canada or British Columbia to pay any costs associated
with the purchase or transfer of the land that is added to Kitsumkalum Lands under paragraph
56 or 57 or any other costs related to the addition of the land to Kitsumkalum Lands.
60.
Kitsumkalum will own the Subsurface Resources on land that is added to Kitsumkalum Lands
under paragraph 56 or 57 if:
61.
a)
the fee simple title includes ownership of the Subsurface Resources; or
b)
British Columbia owns the Subsurface Resources and British Columbia and
Kitsumkalum agree.
If Kitsumkalum adds land to Kitsumkalum Lands under paragraph 56 or 57 the land will, if
necessary, be surveyed in accordance with the Final Agreement, and the Parties will amend
Appendix B, in accordance with the amendment provisions of the General Provisions Chapter,
to reflect the addition of the land, and the land will become Kitsumkalum Lands when the
amendment takes effect.
Continuation of Interests
62.
A parcel of land added to Kitsumkalum Lands in accordance with paragraphs 56 to 61 continues
to be subject to any interest existing immediately before the parcel of land becomes
Kitsumkalum Lands, unless the holder of such interest otherwise agrees in writing.
63.
For greater certainty, Kitsumkalum’s ownership of Subsurface Resources is subject to any
Subsurface Tenures existing immediately before the acquisition of the parcel of land by
Kitsumkalum and those Subsurface Tenures continue to be administered by British Columbia in
accordance with paragraphs 7 to 14 of the Subsurface Resources Chapter.
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