Kitsumkalum Agreement-in-Principle
13.
Following notification under paragraphs 11 and 12, Kitsumkalum and British Columbia will
develop an appropriate and reasonable co-operative response to minimize the impacts of such
insects, diseases, invasive plants or abiotic factors.
14.
Nothing in paragraphs 10, 11 or 12 limits the application of Federal Law or Provincial Law in
relation to the health of Forest Resources or Range Resources.
15.
The Final Agreement will provide for information sharing in relation to Forest Practices on
Kitsumkalum Lands and on provincial Crown lands immediately adjacent to Kitsumkalum
Lands.
Wildfire Suppression and Control
16.
Subject to the Wildfire Suppression Agreement entered into in accordance with paragraph 17
and subject to paragraphs 18 and 21, Provincial Law with respect to the protection of resources
from wildfire and for wildfire prevention and control will apply to Kitsumkalum Lands as
Private Lands.
17.
On the Effective Date, the Parties will enter into a Wildfire Suppression Agreement that will set
out how the costs incurred by British Columbia for wildfire control on the Kitsumkalum Lands
for wildfires that originate on such lands, will be shared by British Columbia, Canada and
Kitsumkalum.
18.
Subject to the limitations on the scope of Kitsumkalum’s responsibility to pay wildfire control
costs set out in the Wildfire Suppression Agreement, Kitsumkalum will be responsible for one
third of the costs incurred by British Columbia for wildfire control on Kitsumkalum Lands for
wildfires that originate on Kitsumkalum Lands.
19.
If Kitsumkalum caused or contributed to the spread of any wildfire due to its own negligence or
wilful misconduct, Kitsumkalum’s responsibility for costs is not limited by paragraph 18.
20.
For greater certainty, the responsibility of Kitsumkalum under paragraph 17 for the costs
incurred by British Columbia for wildfire control does not include responsibility for any costs
associated with wildfire control off Kitsumkalum Lands.
21.
British Columbia will respond to a wildfire originating on Kitsumkalum Lands on the same
priority basis as provincial Crown land and in accordance with any priorities as set by the
Minister.
22.
For the purposes of paragraph 17:
23.
a)
unless terminated at the written request of Kitsumkalum, the Wildfire Suppression
Agreement will remain in effect between Kitsumkalum and British Columbia, on the
same terms, subject to those terms which Kitsumkalum and British Columbia agree will
be negotiated on a periodic basis; and
b)
Canada’s participation in the Wildfire Suppression Agreement will be limited to
assuming a share of costs under that agreement for a period of 10 years commencing on
the Effective Date.
Subject to any cost-sharing arrangement which may be in effect between Canada and British
Columbia regarding wildfire suppression on lands provided pursuant to land claims agreements,
Canada and British Columbia may, at their respective discretion, enter into new agreements
from time to time with respect to Canada's continuing participation in the Wildfire Suppression
Agreement following the 10 year period referred to in subparagraph 22.b).
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