e) any adverse effect on any cultural or other special value of Kitsumkalum Lands in
which an interest has been expropriated provided that the cultural or other special
value is only applied to an interest in Kitsumkalum Lands recognized in law and
held by Kitsumkalum, and provided that there will be no increase in the total
value of compensation on account of any Aboriginal rights, title or interest; and
f) the value of any special economic advantage arising out of or incidental to the
occupation or use of the Kitsumkalum Lands by Kitsumkalum to the extent that
the value is not otherwise compensated.
12. Subject to paragraph 13, if the total value of compensation cannot be agreed upon
between the Federal Expropriating Authority and Kitsumkalum, or if there is
disagreement on whether the combination of replacement land and cash is equal to the
total value of compensation, the Federal Expropriating Authority or Kitsumkalum may
refer the matter of the total value of compensation for dispute resolution under the
Dispute Resolution Chapter.
13. A dispute on the valuation of replacement land under paragraph 9, or on the total value of
compensation under paragraph 11, or on the terms and conditions of the return of land
under paragraph 22, will not delay the expropriation.
14. Interest is payable on compensation from the Effective Date of an expropriation at the
interest rate payable in accordance with federal legislation.
15. If a Federal Expropriating Authority expropriates or otherwise acquires a fee simple
interest in a parcel of Kitsumkalum Lands, the land will no longer be Kitsumkalum
Lands.
16. If a Federal Expropriating Authority expropriates less than a fee simple interest in a
parcel of Kitsumkalum Lands:
a) the parcel of land retains its status as Kitsumkalum Lands;
b) the parcel of land remains subject to Kitsumkalum Law that are otherwise
applicable, except to the extent that such laws are inconsistent with or interferes
with the use of the parcel of land for which the expropriation took place; and
c) Kitsumkalum may continue to use and occupy the parcel of land, except to the
extent the use or occupation is inconsistent with or interferes with the
expropriation in the view of the Federal Expropriating Authority.
17. Canada and British Columbia will consent to replacement land, transferred by a Federal
Expropriating Authority to Kitsumkalum as part of the compensation in accordance with
paragraph 8, being added to Kitsumkalum Lands if:
a) the replacement land is located in an area that is free from overlap with:
i.
other First Nations that have claims of legal interests,
ii.
an area subject to treaty negotiations,
unless that First Nation consents; and
b) the addition of replacement land to Kitsumkalum Lands will not result in Canada
or British Columbia being required to assume financial or other obligations.
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