Appendix E
Expropriation
Part 1: Federal Expropriation
Note: The Parties will update the Appendices prior to the Effective Date.
1.
The Governor-in-Council may consent to an expropriation of an interest in Kitsumkalum
Lands if the expropriation is justifiable in accordance with paragraph 3 and necessary for
a public purpose.
2.
For greater certainty, for the purposes of paragraph 1, an expropriation is necessary for a
public purpose if it is authorized by federal legislation.
3.
Where a fee simple interest in a parcel of Kitsumkalum Land is held by a Person other
than Kitsumkalum, a Kitsumkalum Corporation, or a Kitsumkalum Institution, this
Appendix does not apply to the expropriation of any interest in that parcel and, for greater
certainty, any such interest may be expropriated under federal legislation.
4.
The Governor-in-Council may consent to any expropriation of an interest in
Kitsumkalum Lands only if the Governor-in-Council is satisfied that, in addition to any
other legal requirements that may apply, that the expropriation is justifiable such that the
following requirements have been met:
a) there is no other reasonably feasible alternative land to acquire that is not
Kitsumkalum Lands;
b) reasonable efforts have been made by the Federal Expropriating Authority to
acquire the interest in Kitsumkalum Lands through agreement with Kitsumkalum;
c) the most limited interest in Kitsumkalum Lands necessary is expropriated for the
shortest time possible; and
d) information relevant to the expropriation, other than documents that would be
protected from disclosure pursuant to federal legislation, has been provided to
Kitsumkalum.
5.
Prior to the Governor-in-Council issuing an order consenting to the expropriation of an
interest in Kitsumkalum Lands, the Federal Expropriating Authority will provide to
Kitsumkalum, and make available to the public, a report stating the justification for the
expropriation and describing the steps taken to satisfy the requirements set out in
paragraph 4.
6.
If Kitsumkalum objects to a proposed expropriation of an interest in Kitsumkalum Lands,
it may, within 60 days after the report has been provided to Kitsumkalum in accordance
with paragraph 5, by providing notice in writing to the Federal Expropriating Authority
refer the matter directly to neutral evaluation under Stage Two of the Dispute Resolution
Chapter for review of the steps taken to satisfy the requirements set out in paragraph 4.
7.
The Federal Expropriating Authority may not seek Governor-in-Council consent to the
expropriation of an interest in Kitsumkalum Lands:
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