Kitsumkalum Agreement-in-Principle
Entry on Kitsumkalum Lands Outside Crown Corridors
8.
In addition to the provisions of the Access Chapter, British Columbia, a Local Government or a
Public Utility and their employees, agents, contractors, or representatives will have access to
Kitsumkalum Lands, including Kitsumkalum Roads, at no cost for the purpose of undertaking
works, including:
a)
constructing drainage works;
b)
carrying out repairs;
c)
maintaining slope stability;
d)
removing dangerous Timber or other hazards; or
e)
carrying out vegetation management,
where the work is necessary for constructing, operating, maintaining, repairing, replacing,
removing or protecting Crown Corridors, Rights of Way, Public Utility works or other works
located on Rights of Way or Public Utility works located on or adjacent to Kitsumkalum Lands.
9.
Paragraph 8 is subject to the terms of any grant issued by Kitsumkalum to British Columbia, a
Local Government or a Public Utility.
10.
Unless otherwise agreed to by Kitsumkalum, Timber removed from Kitsumkalum Lands in
accordance with paragraph 8 remain the property of Kitsumkalum.
Work Plan
11.
Before commencing any work referred to in paragraph 8, British Columbia, a Local
Government or a Public Utility will deliver to Kitsumkalum a written work plan describing the
effect and extent of the proposed work on Kitsumkalum Lands.
12.
Kitsumkalum will, within 30 days of receiving a work plan under paragraph 11, notify British
Columbia, a Local Government or a Public Utility, as the case may be, if it approves the work
plan, such approval not to be unreasonably withheld.
13.
If Kitsumkalum does not approve a work plan prepared by British Columbia under paragraph
11, the dispute will be finally determined by arbitration under the Dispute Resolution Chapter
without having to proceed through Stages One and Two.
14.
Notwithstanding paragraphs 11 to 13, BC Hydro’s obligations with respect to work plan
requirements will only be as set out in the Rights of Way granted to BC Hydro under the Final
Agreement and other Rights of Way entered into between BC Hydro and Kitsumkalum from
time to time and paragraphs 11 to 13 shall not apply to BC Hydro.
Undertaking Works
15.
In undertaking works referred to in paragraph 8, the person undertaking the work will minimize
the damage to and time spent on Kitsumkalum Lands, and will pay fair compensation for any
interference with or damage to Kitsumkalum Lands that results from work undertaken by or on
behalf of the party.
16.
If British Columbia or Kitsumkalum do not agree on compensation under paragraph 15 with
respect to the works undertaken by British Columbia, the dispute will be finally determined by
arbitration under the Dispute Resolution Chapter without having to proceed through Stages One
and Two.
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