Kitsumkalum Agreement-in-Principle
of Kitsumkalum, a Kitsumkalum Institution, or a body referred to a body referred to in
(b).
“Kitsumkalum Right to Gather Plants” means the right of Kitsumkalum to gather Plants under the
Final Agreement.
“Kitsumkalum Right to Harvest Migratory Birds” means the right of Kitsumkalum to harvest
Migratory Birds under the Final Agreement.
“Kitsumkalum Right to Harvest Wildlife” means the right of Kitsumkalum to harvest Wildlife under
the Final Agreement.
“Kitsumkalum Road” means any road on Kitsumkalum Lands under the administration and control of
Kitsumkalum, including any road set out in Appendix B to the Final Agreement.
“Kitsumkalum Section 35 Rights” means the rights, anywhere in Canada, of Kitsumkalum, that are
recognized or affirmed by section 35 of the Constitution Act, 198.2
“Local Government” has the same meaning as “local government” in the Local Government Act.
“Logs” means logs of all species of wood which are controlled under Canada’s Export Control List,
Group 5, Item number 5101, pursuant to section 3(1)(e) of the Export and Import Permits Act.
“Member” means an individual who is enrolled and entitled to benefits under the Final Agreement.
“Migratory Birds” means “migratory birds” as defined under Federal Law enacted further to
international conventions that are binding on British Columbia, and for greater certainty, includes their
eggs and inedible by-products such as feathers and down.
“Mineral” means an ore of metal, or natural substance that can be mined, and includes rock, dimension
stone, and other materials from mine tailings, dumps and previously mined deposits of minerals.
“Minister” means the federal or provincial minister having responsibility for the exercise of powers in
relation to the matter in question and any person with authority to act in respect of the matter in
question.
“National Marine Conservation Area” means lands and water areas named and described in the
schedules to the Canada National Marine Conservation Areas Act and administered under Federal Law
and includes a national marine conservation area reserve.
“National Park” means the lands and waters named and described in the schedules to the Canada
National Parks Act and administered under Federal Law and includes a national park reserve.
“Natural Gas” means all fluid hydrocarbons that are not defined as Petroleum, and includes coalbed
gas and hydrogen sulphide, carbon dioxide and helium produced from a well.
“NAV CANADA” means the “Corporation” as that term is defined in the Civil Air Navigation Services
Commercialization Act.
“Neutral” means an individual appointed to assist the Parties to resolve a Disagreement and, except in
subparagraph 24.d)of the Dispute Resolution Chapter and Appendix J, includes an arbitrator.
“Neutral Appointing Authority” means the British Columbia International Commercial Arbitration
Centre, or if the centre is unavailable to make a required appointment, any other independent and
impartial body or individual acceptable to the Parties.
“Non-Member Resident” means an individual who has reached the age of majority under Provincial
Law, is ordinarily resident on Kitsumkalum Lands and is not a Kitsumkalum Member.
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