Kitsumkalum Agreement-in-Principle
27.
Unless otherwise agreed, Canada or British Columbia will provide reasonable notice of entry to
Kitsumkalum Lands under paragraphs 24 to 26 to the Kitsumkalum Government:
a)
before the entry if it is practicable to do so; or
b)
as soon as practicable after the entry.
28.
The requirement to provide reasonable notice under paragraph 27 does not apply to peace
officers, investigators or federal and provincial law enforcement officers carrying out duties
under Federal Law and Provincial Law.
29.
Any person exercising a right of access in accordance with paragraph 24 will act in accordance
with Federal Law or Provincial Law, including the payment of compensation for any damage to
Kitsumkalum Lands if required by Federal Law or Provincial Law.
Kitsumkalum Access to Crown Lands
30.
31.
Agents, employees, contractors, and representatives of the Kitsumkalum Government may, in
accordance with Federal Law and Provincial Law and the terms of any uses authorized by the
Crown, enter, cross and stay temporarily on Crown land, at no cost to:
a)
deliver and manage programs and services;
b)
carry out inspections;
c)
respond to emergencies and natural disasters;
d)
enforce Kitsumkalum Law;
e)
carry out the terms of the Final Agreement; and
f)
carry out other duties under Kitsumkalum Law.
Unless otherwise agreed, the Kitsumkalum Government will provide reasonable notice of entry
onto Crown land under paragraph 30 to Canada or British Columbia as the case may be:
a)
before the entry if it is practicable to do so; or
b)
as soon as practicable after the entry.
32.
Any person exercising a right of access in accordance with paragraph 30 will act in accordance
with Federal Law or Provincial Law, including the payment of compensation for any damage if
required by Federal Law or Provincial Law.
33.
If an authorized use or disposition of provincial Crown land would deny Kitsumkalum
reasonable access to Kitsumkalum Lands, British Columbia will provide Kitsumkalum with
reasonable alternative means of access to Kitsumkalum Lands.
34.
For greater certainty, in addition to the access provisions set out in this Chapter, Kitsumkalum
Members will have the same access on provincial Crown land as other residents under
Provincial Law.
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