Kitsumkalum Agreement-in-Principle
“Environmental Emergency” means an uncontrolled, unplanned, or accidental release, or release in
contravention of Federal Law, Provincial Law or Kitsumkalum Law, of a substance into the
Environment or the reasonable likelihood of such a release into the Environment, that:
a)
has or may have an immediate or long-term harmful effect on the Environment;
b)
constitutes or may constitute a danger to the Environment on which human life depends;
or
c)
constitutes or may constitute a danger to human life or health.
“Federal Expropriating Authority” means the Government of Canada or any other Person authorized
under federal legislation to expropriate land or an interest in land.
“Federal Law” includes federal statutes, regulations, ordinances, Orders-in-Council and the common
law.
“Federal Project” means a “project” on federal lands or “designated project”, as defined in the
Canadian Environmental Assessment Act, 2012, that is subject to an Environmental Assessment under
the Act.
“Federal Settlement Legislation” means the Act of Parliament that gives effect to the Final
Agreement.
“Final Agreement” means the agreement among Kitsumkalum, Canada and British Columbia which
will be negotiated based on this Agreement.
“First Nation Government in British Columbia” means the government of a First Nation in British
Columbia which has a treaty or a lands claims agreement in effect with Canada and British Columbia.
“Fiscal Financing Agreement” means an agreement negotiated among the Parties in accordance with
the Fiscal Relations Chapter of the Final Agreement.
“Fish” means:
a)
fish, shellfish, crustaceans and marine animals excluding whales;
b)
the parts of fish, shellfish, crustaceans, and marine animals excluding whales; and
c)
the eggs, sperm, spawn, larvae, spat, juvenile stages and adult stages of fish, shellfish,
crustaceans and marine animals excluding whales.
“Forest Practices” means Timber harvesting, road construction, road maintenance, road use, road
deactivation, silviculture treatments, including grazing for the purposes of brushing, botanical forest
products collecting, and fire use, but does not include Timber marking or scaling, manufacture of
Timber, or export of Timber.
“Forest Resources” means all Timber Resources and Non-Timber Resources, including all biota, but
does not include Wildlife, Migratory Birds, water, Fish or Aquatic Plants.
“Former Federal Lands” means any lands which are transferred to Kitsumkalum on the Effective
Date which were under the ownership, administration or control of Canada immediately before the
Effective Date.
“Former Kitsumkalum Indian Reserves” means the lands identified in Appendix B-2.
“Gathering Area” means the areas to be set out in Appendix F to the Final Agreement, but does not
include lands that are administered or occupied by the Minister of National Defence or areas
Page 10 of 140