Kitsumkalum Agreement-in-Principle
CHAPTER 1 – DEFINITIONS
In this Agreement:
“Administrative Penalty” means a sanction or monetary penalty assessed and imposed under a
statutory regime in which liability for breach of a regulatory requirement and the sanction or quantum
of the monetary penalty are determined through an administrative process, rather than through
prosecution or through an action in the civil courts.
“Agreed-Upon Programs and Services” means those programs and services, that will be set out in a
Fiscal Financing Agreement, to be made available by Kitsumkalum, towards which Canada or British
Columbia agree to contribute funding.
“Agreement” means this Agreement-in-Principle including all Schedules and Appendices to it.
“Allocation” means in respect of a right to harvest Wildlife or Migratory Birds:
a)
a defined harvest quantity or quota; or
b)
a formula defining a harvest quantity or quota,
if required as a conservation measure.
“Aquatic Plants” includes all benthic and detached algae, brown algae, red algae, green algae, golden
algae and phytoplankton, and all marine and freshwater flowering plants, ferns and mosses, growing in
water or in soils that are saturated during most of the growing season.
“Archaeological Human Remains” means human remains that are of aboriginal ancestry and not the
subject of a police or coroner investigation.
“Available Flow” means the volume of flow of water, determined by British Columbia, to be above
that required:
a)
to ensure conservation of Fish and Stream habitats;
b)
to continue navigability;
c)
under Water Licences issued before and Water Licences issued under applications made
before a date or dates agreed to by the Parties during Final Agreement negotiations,
and taking into account any applicable requirements under Federal Law and Provincial Law.
“Band” has the same meaning as “band” under the Indian Act.
“BC Hydro” means the British Columbia Hydro and Power Authority and its successors and assigns.
“BC Hydro Line” means the existing BC Hydro 138 kV transmission line from the Skeena substation
near Terrace, British Columbia to the Aiyansh substation near Aiyansh, British Columbia
British Columbia” means, unless the context otherwise requires, Her Majesty the Queen in right of the
Province of British Columbia
“Canada” means, unless the context otherwise requires, Her Majesty the Queen in right of Canada
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