Kitsumkalum Agreement-in-Principle
“Non-Timber Resources” means all Forest Resources, other than Timber Resources, including
medicinal plants, fungi, branches, bark, cones, bushes, roots, moss, mushrooms, ferns, floral greens,
herbs, berries, spices, seeds and plants associated with grazing.
“NTL Project” means the BC Hydro NTL Project, generally consisting of the construction of a
nominal 287 kV AC transmission line form the Skeena substation near Terrace, British Columbia. to a
new substation to be constructed at Bob Quinn Lake, British Columbia following the proposed western
route, which BC Hydro proposes to undertake to enhance and expand the transmission system in the
northwest region of British Columbia, all as more fully described in BC Hydro’s application for an
Environmental Assessment Certificate, together with any changes agreed to by BC Hydro.
“Parties” means Kitsumkalum, Canada and British Columbia and “Party” means any one of them.
“Periodic Review Date” means the 15th anniversary of the Effective Date or a date that occurs every
15 years after that date.
“Person” includes an individual, a partnership, a corporation, a trust, an unincorporated association or
other entity, or a government or any agency or political subdivision thereof, and their heirs, executors,
administrators and other legal representatives.
“Petroleum” means crude petroleum and all other hydrocarbons, regardless of specific gravity, that are
or can be recovered in liquid form from a pool or that are or can be recovered from oil sand or oil shale.
“Placer Mineral” means ore of metal and every natural substance that can be mined and that is either
loose, or found in fragmentary or broken rock that is not talus rock and occurs in loose earth, gravel and
sand, and includes rock or other materials from placer mine tailings, dumps and previously mined
deposits of placer minerals.
“Plants” means all flora and fungi, but does not include Aquatic Plants or Timber Resources except for
the bark, boughs, burls and roots of Timber Resources.
“Private Lands” means, for the purposes of the Forest Resources Chapter, lands that are not Crown
lands.
“Provincial Expropriating Authority” means a provincial ministry or agency or any person with the
authority to expropriate land or an interest in land under provincial legislation.
“Provincial Law” includes provincial statutes, regulations, ordinances, Orders-in-Council, by-laws and
the common law.
“Provincial Project” means a “reviewable project” as defined in the British Columbia Environmental
Assessment Act and that is subject to an Environmental Assessment under that Act.
“Provincial Protected Area” means provincial Crown land established or designated as a provincial
park, ecological reserve, conservancy or protected area under Provincial Law.
“Provincial Road” means a road under the administration and control of British Columbia.
“Provincial Settlement Legislation” means the Act of Legislature that gives effect to the Final
Agreement.
“Public Planning Process” means a planning process established by British Columbia to develop:
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