Kitsumkalum Agreement-in-Principle
45.
If Kitsumkalum provides to Canada and British Columbia a certificate issued by the Surveyor
General of British Columbia confirming that there has been a lawful accretion, then upon
receipt of the certificate by Canada and British Columbia the accreted land will become
Kitsumkalum Lands and Appendix B will be amended in accordance with the process set out in
paragraphs 54 to 58 of the General Provisions Chapter.
Indemnity and Confirmation
46.
British Columbia will indemnify and forever save harmless Kitsumkalum from any damages,
losses, liabilities or costs, excluding fees and disbursements of solicitors and other professional
advisors, that Kitsumkalum may suffer or incur in connection with or as a result of any claims,
demands, actions or proceedings relating to or arising out of:
a)
the omission from Appendix C of the name of a person who, immediately before the
Effective Date, had an interest in Kitsumkalum Lands that had been granted by British
Columbia; or
b)
the incorrect naming of a person in Appendix C as a person entitled to an interest, where
another person was actually entitled, immediately before the Effective Date, to the
interest in Kitsumkalum Lands that had been granted by British Columbia.
Site Remediation on Kitsumkalum Lands
47.
Before the Final Agreement, the Parties will identify any Kitsumkalum Lands in Appendix B to
the Final Agreement that may require appropriate remediation in accordance with the
Environmental Management Act.
48.
If, after the Effective Date, Kitsumkalum decides to develop lands set out pursuant to paragraph
47, it will provide notice of such development to British Columbia.
49.
After receiving notice in accordance with paragraph 48, British Columbia will inspect the
applicable site and if it is determined that site is a Contaminated Site, British Columbia will
undertake or cause to be undertaken appropriate remediation of the site in accordance with the
Environmental Management Act and paragraph 50.
50.
In determining whether a site referred to in paragraph 49 is a Contaminated Site and in
determining the extent of the appropriate remediation of such site, the use of that site is deemed
to be the use to be described in a Schedule of the Final Agreement.
51.
British Columbia or any person undertaking the inspection or remediation of a site in
accordance with paragraph 49, will provide Kitsumkalum with notice:
a)
before commencing any inspection or remediation; and
b)
the opportunity to observe any inspection or remediation.
52.
Nothing in this Agreement limits the ability of British Columbia to recover costs incurred in
inspecting and remediating a site referred to in paragraph 49 from any third party determined to
be a Responsible Person in respect of the Contamination of that site.
53.
British Columbia is not liable in respect of the Contamination of any site referred to in
paragraph 47 which occurs after the Effective Date.
54.
The transfer of Former Federal Lands to Kitsumkalum in accordance with this Agreement does
not, in and of itself, result in British Columbia being determined to be a Responsible Person in
respect of any potential Contamination of any Former Federal Lands.
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