Kitsumkalum Agreement-in-Principle
Expropriation
Limits on Provincial Expropriation of Kitsumkalum Lands
64.
Before the Final Agreement, BC and Kitsumkalum will agree on the principles and processes in
respect of expropriation on Kitsumkalum Lands by a Provincial Expropriating Authority.
Limits on Federal Expropriation of Kitsumkalum Lands
65.
Canada acknowledges that it is of fundamental importance to maintain the size and integrity of
Kitsumkalum Lands and, therefore as a general principle interests in Kitsumkalum Lands will
not be expropriated.
66.
An interest in Kitsumkalum Lands may be expropriated by a Federal Expropriating Authority in
accordance with federal legislation, Appendix E and with the consent of the Governor-inCouncil.
67.
If a Federal Expropriating Authority expropriates Kitsumkalum Lands, only the most limited
interest in Kitsumkalum Lands necessary and will be expropriated for the shortest time possible.
68.
Nothing in the Final Agreement affects or limits the application of the Emergencies Act or any
successor legislation and the Emergencies Act continues to apply in all aspects to Kitsumkalum
Lands.
Law-Making
69.
The Kitsumkalum Government may make laws with respect to:
a)
b)
70.
the use of Kitsumkalum Lands, including:
i)
management;
ii)
land use planning, zoning and development; and
iii)
designation, including the designation of Kitsumkalum Public Lands or
Kitsumkalum Private Lands;
the creation, allocation, ownership and disposition of interests or estates in Kitsumkalum
Lands including:
i)
fee simple estates or any lesser estate or interest;
ii)
mortgages;
iii)
leases, licences, permits, easements, and Rights of Way, including Rights of Way
and covenants similar to those in sections 218 and 219 of the Land Title Act; and
iv)
any conditions or restrictions, including restrictions on alienation, on such estates
or interests;
c)
the establishment and operation of a Kitsumkalum land title or land registry system for
Kitsumkalum Lands that are not registered in the Land Title Office; and
d)
expropriation for public purposes and public works by the Kitsumkalum Government of
interests or estates in Kitsumkalum Lands where Kitsumkalum provides fair
compensation to the owner of the estate or interest and the expropriation is of the
smallest estate or interest necessary for the public purpose or public work.
Notwithstanding subparagraph 69.d) Kitsumkalum may not expropriate:
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