Kitsumkalum Agreement-in-Principle
temporarily being used for military training from the time that notice has been given to Kitsumkalum
until the temporary use is completed.
“Geothermal Resources” means the natural heat of the Earth and all substances that derive an added
value from it, including steam, water and water vapour heated by the natural heat of the Earth and all
substances dissolved in the steam, water or water vapour obtained from a well, but does not include:
a)
water that has a temperature less than 80oC at the point where it reaches the surface; or
b)
hydrocarbons.
“Groundwater” means water below the surface of the ground.
“Harvest 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 federal departments or agencies or areas temporarily
being used for military training from the time that notice has been given to Kitsumkalum until the
temporary use is completed.
“Heritage Site” means a site of archaeological, historical or cultural significance including graves and
burial sites.
“Implementation Plan” means the plan described under the Implementation Chapter of the Final
Agreement.
“Indian” has the same meaning as “Indian” in the Indian Act.
“Indian Reserve” has the same meaning as “reserve” in the Indian Act.
“Initial Enrolment Period” means the period of time during which the Enrolment Committee
operates, to be determined in the Final Agreement.
“Intellectual Property” means any intangible property right resulting from intellectual activity in the
industrial, scientific, literary or artistic fields, including, but not limited to, any rights relating to
patents, copyrights, trademarks, industrial designs or plant breeders’ rights.
“Kitsumkalum” means the collectivity that comprises all Kitsumkalum individuals.
“Kitsumkalum Archaeological Human Remains” means Archaeological Human Remains that are
determined to be of Kitsumkalum ancestry.
“Kitsumkalum Area” means the area to be set out in Appendix A to the Final Agreement.
“Kitsumkalum Artifact” means any object created by, traded to, commissioned by, or given as a gift
to a Kitsumkalum individual or the Kitsumkalum community, or that originated from the Kitsumkalum
community, and that has past and ongoing importance to Kitsumkalum culture or spiritual practices, but
does not include any object traded to, commissioned by, or given as a gift to another aboriginal group
or Person.
“Kitsumkalum Capital” means all land, cash and other assets transferred to Kitsumkalum, or
recognized as owned by Kitsumkalum, under the Final Agreement.
“Kitsumkalum Certificate” means a certificate of the Kitsumkalum Government as described under
subparagraph 7(b) of the Land Title Chapter.
“Kitsumkalum Child” means a Child who is a Kitsumkalum Member.
“Kitsumkalum Constitution” means the constitution of Kitsumkalum as provided for and ratified in
accordance with the Final Agreement.
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